Mood:  hug me

Sent: Wednesday, October 29, 2008 6:58 PM

Hi chipstoppers

Bermi logging continued today, with the same heavy police presence as previously this week although it appears the Riot Squad may have been having a day off or even gone home..

• We discovered today that the logging contractor is Bruce Mathie and Sons. This adds to our conviction that this logging has been carefully planned to limit conservationist protests.
• Mathie is the logger who successfully sought a Supreme Court injunction against the Wandella 8, activists who formed the core of a blockade against the logging of Peak Alone (Wandella State Forest) in 2005. Injunction http://thebegavalley.org.au/4159.html
• This injunction imposes a lifelong ban on the 8 experienced and skilled activists, who are largely associated with South East Forest Rescue. ForestsNSW obviously believes that by engaging this logger to carry out the Bermagui logging, it will minimize the effectiveness of protests.
• Other developments: after some argy bargy, the police are allowing protest gatherings to continue in the mornings at the bus stop, provided various banners are moved.
• The school bus driver with the anger management problem was prevented by police from leaving his bus this morning, but this didn’t stop him shouting some gratuitous advice to the police about how they should deal with us.
• The "Harvest Plan" is finally available, although at first glance not very illuminating.

Chipstop has a new page on the website to collect together some of the information about the logging. If you think there is anything useful that could go up there, pls let me know.
http://www.chipstop.forests.org.au/bermi_logging.htm
regards
harriett

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

POLICE WARN PROTESTORS OF ILLEGAL ACTIVITY DURING LOGGING OPERATIONS IN BERMAGUI STATE FOREST

Logging started in Bermagui State Forest compartments 2004/5 today.
1. The arrival of the logging crew was preceded by at least 12 police vehicles, one a sinister looking black "riot control" vehicle, one an 18 seater bus (empty), several paddy wagons (empty), police rescue, a police communications bus to, inter alia intercept our mobile phone calls and various other police 4WDs. There were possibly others which came from the Cobargo direction which we did not see.
2. About 50 conservationists assembled at the bus stop on the corner of the Wallaga Lake Rd and the Cobargo Rd from 7am. This central point was selected because we did not know exactly where the logging was to start.
3. The roadside boundary for the 2 compartments is 12 kms long, with multiple entry points. It was next to impossible to predict where they would enter as ForestsNSW had failed to:

4. Police vehicles assembled at Box Flat Road, off the Cobargo Rd near the council water tank, on which some thoughtful person has recently painted a large "no woodchipping" message.
5. At about 8am semi-trailers were observed entering Box Flat Road carrying logging machinery. We were not able to tell which contractor has been engaged to do this logging.
6. One of our people went to the Box Flat Rd corner on his motor bike to investigate and to film, but was told by police to leave "as he was in a prohibited zone" (not true because there were no signs, as required).
7. By about 11.30am some "prohibited zone" signs had appeared along the roadside boundaries of the logging compartments.
8. No chainsaw or tree felling noises can be heard from the road as they have started at the far end of Box Flat, closest to the river and furthest from the road.
9. As loggers left this afternoon two private security guards arrived to camp overnight near logging machinery.
10. Another highlight: the school bus driver stopping to pick up a couple of kids left his bus in a rage, grabbed several of our placards and threw them towards the road. Shouting angrily, he tore down and damaged a banner attached to the bus stop, using words that had attracted a $150 fine for one of the activists in Bega Local Court two weeks ago.

Posted by editor at 8:33 PM NZT

Updated: Wednesday, 29 October 2008 9:08 PM NZT

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Mood:  accident prone

We started our micro news/blog as an offshoot of our Sydney IndyMedia contributions, and our Alternative Media Group resuscitations of the Sydney City Hub (in administration in 2001) hence the hybrid name Sydney Alternative Media. Sometimes we follow the Big Meeja, sometimes they echo us leaving a smug feeling of vindication and self worth.

We take seriously our goal of independent and trustworthy.

Like the old saying about the definition of good journalism, we get the odd bit of hate mail. One this week was from Bob Beale copying in James Woodford of "Real Dirt" based on a bit of media monitoring analysis we did on our Sunday Political Talkies way back in June 2008:

 From: Bob Beale

To: SAM micro news 

Cc: James Woodford, Real Dirt

Sent: Tuesday, October 28, 2008 2:56 PM

Subject: Your Sunday political talkies blog

 ......We may not see eye to eye, but is it too much to ask – once again - that you play the ball and not the man? Is there a problem with agreeing to disagree? Your tedious and puerile personal taunts and keen eye for conspiracies no doubt reveal something about your personality but they enlighten no-one about anything else. It is possible, you know, to be respectful to people who hold divergent views from your own. It even encourages others to respect you – and your views – in return. I’m sure you are by now aware that the converse is also true.  

Should you feel the need to return to these issues again, I suggest that you take into account the following: 

First, I hope I’m not telling you how to suck eggs here (after all, you write with such authority on the media that I can only imagine my few decades of involvement are inadequate), but it simply is not possible in either a tight op-ed piece or short radio interview to comprehensively canvass a complex issue, especially given short deadlines. It follows, therefore, that it’s easy to take one report in isolation, seize on its omissions then read into them whatever you like. It’s called a cheap shot. .......

Notice the moral inconsistency of Beale's exhortation to play the ball and not the man (a principle we agree with) then slipping into personal insult of "peurile and tedious". Such inconsistency is the hallmark of  trench warfare applying slippery language wrestling for the high moral ground based on mixed motives. Naturally we returned serve accordingly and reject his whining as misconceived. It was fair comment and he just didn't like it.

We are not so surprised even as Big Bob Beale is at UNSW and former environment editor at the SMH, and now PR operative for Prof Michael Archer. He wrote most recently in the Sydney Morning Herald extolling the 'virtues' of commercialisation of National Parks. One day early this year we got a call from blogger Tim Blair of News Corp fame also requesting a change/take down which we negotiated to a satisfactory outcome for rivaling ideologies. This was about his time at The Bulletin and reportage nuances of the David Hicks affair.

But we do find ironic that since Monday this week we have been following the Bermagui forest protests and there is no coverage on Woodford's blog. Woodford is a hobby/serious farmer based on the South Coast so the logging protest is in his general region of the world.

He is a former environment writer for the Sydney Morning Herald. But we know his spouse is a former PR operative of the NSW Govt logging agency. We also believe he puts career before the environment. On logging in particular we have felt for some years Woodford has feet of clay and we know that's the suspicion amongst the ChipStop network of environment groups in South East NSW.

His blog specialises on

"An Australian environmental news website edited by author and journalist James Woodford: photos, blogs, a weekly summary of the best stories, the latest discoveries and guest viewpoints."

But the fact is there is no entry on Woodford's website on a serious logging dispute which claims to publish "The real dirt, the whole dirt and nothing but the dirt" all in capital letters no less.

By contrast his own alma mater Sydney Morning Herald has at least published the koala forest logging story on its website, if not the hardcopy version (as per our penultimate SAM story here). Today there is an amusing letter writer responding in the hard copy as follows:

Incident of the passive verb

The article "Last koala habitats get the chop" (smh.com.au, October 28) refers to the police issuing "a warning against violent protests, in light of recent logging-related incidents in Tasmania, which saw an activist's car smashed". Please get rid of that passive verb. It was loggers who took a sledgehammer to a car with an activist inside it - the incident saw nothing.

Naomi Blackburn Darlinghurst

(SMH 29/10/08, p10) 

So is Real Dirt "trustworthy, independent"? We started out in January 2007, Woodford kicked his thing off on April 2008 judging by the archive. We feel a cetain flattery of imitation, probably misplaced.

Don't get us wrong: We believe Woodford knows alot and no doubt has his loyal audience. And we do support growth of the indy media sector but we also support truth in advertising, advisedly. We will give him a few more days and wait and see where his news sense and reportage integrity takes him.

Posted by editor at 6:44 PM NZT

Updated: Thursday, 30 October 2008 11:31 AM NZT

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Mood:  hug me

Picture: Mainstream residents of NSW South Coast earlier this week reject a native forest logging future for their publicly owned natural heritage, taken at Cobargo near Bermagui forests.

This story ran on the Sydney Morning Herald website dated 28 October but never made the city hard copy yesterday or today:

Last koala habitats get the chop

Picture: May still be using the area ... koalas are known to travel up to 50 kilometres in search of mates or food.
Photo: Glen Watson
 

Ben Cubby, Environment Reporter
October 28, 2008

BULLDOZERS rolled in to some of the last remaining koala habitats on the South Coast yesterday, marking the start of what police fear could be a divisive logging operation.

Forests NSW workers plan to log about 180 hectares of native eucalypt forest from the coast north of Bermagui, for a mixture of wood veneer products and woodchips.

But environmentalists and local residents are planning a long campaign to keep the forest undisturbed.

New studies by the NSW Department of Environment and Climate Change show only a handful of koalas remain in the district - perhaps a dozen out of a Far South Coast population once counted in the thousands.

None have been found within the logging zone itself, although the discovery of koala droppings suggest the animals may move through the area from time to time.

The NSW Government said logging in the two zones north of Bermagui would not affect the koalas.

"Extensive surveys have shown there are no koalas in the two compartments involved in the current harvest and few in the South Coast area," the Primary Industries Minister, Ian Macdonald, said in a statement.

A coalition of local environment groups, called the South East Region Conservation Alliance, said that koalas may still use the logging zone, and said a koala management plan for the district was not yet complete.

"These public forests are of critical importance to the survival of the remnant of the koala population," said a spokesman, John Hibberd.

"The remnant here is thought to be about 10 to 12 individuals, and there's a very real chance that the loss of this habitat, together with the pressures of climate change and drought, could see them die out," Mr Hibberd said.

Koalas are known to travel up to 50 kilometres in search of mates or food. Protesters, some of whom volunteered in a koala-spotting survey over the past two years, believe the logging would make the few remaining animals more isolated and vulnerable to bushfires.

Workers from Bruce Mathie and Sons, the company that has a contract from Forests NSW to carry out the logging operation, have been instructed to halt work if any koalas are sighted.

As protesters established a camp in the forest yesterday, police put in new temporary speed limits on nearby roads and issued a warning against violent protests, in light of recent logging-related incidents in Tasmania, during which an activist's car was smashed with a sledgehammer and a camp destroyed with petrol bombs. Police from the Public Order and Riot Squad were patrolling entrances to the state forest at Bermagui yesterday.

The South East Region Conservation Alliance said logging in native forests was no longer necessary because Australia had enough mature plantations to meet all its domestic wood needs.

The Bermagui state forest was logged 20 years ago, and clear-felled in 1928.

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

Instead today the Herald runs this story today, important too for the demise of influence of ex treasurer, redneck Michael Costa (bold added):

Sea-level rise threat to coast 29 October 2008

"SYDNEY'S iconic beaches, coastal houses, commercial property and roads will be threatened by rising sea levels by 2050, while the city's temperature is expected to rise by at least 2 degrees, a new scientific study, launched by the Premier, Nathan Rees, reveals.

"Today, the science is in for Sydney," Mr Rees said yesterday as he proclaimed the influence of the climate sceptic and former treasurer Michael Costa at an end in NSW.

"The Costa era of ambiguity around this issue is over. Along with the rest of the NSW public, I recognise that climate change is a reality and that the NSW Government needs to prepare for it," the Premier said. "There is no longer a climate-change sceptic at the centre of government decision-making in this state".

The study commissioned by the NSW Department of Climate Change, and adopted by the Government, was carried out by the University of NSW and uses research from the United Nations' peak scientific body, the Intergovernmental Panel on Climate Change.

It examines the effect of climate change on the greater Sydney metropolitan region from the Central Coast to Wollongong, along with other regions in rural NSW. The full state study is expected to be released in January.

From: Samantha Davis

Date: 28 October 2008 9:33:52 PM

To: Five Forests

Subject: Bermagui Logging

Dear Friends of The Bermagui Forest , The Five Forests , and everyone with an interest in protecting our invaluable Natural Heritage.

Register your support for the campaign to rescue our Forest from the ruthless logging industry.

You can do this by coming along to our peaceful vigil every morning near the junction of the Cobargo Bermagui Road and Wallaga Lake Road, even if you only have a few minutes to spare on your way through town.

Sign the petition, have a cup of tea. And discuss the situation.

Then send our Ministers emails, letters and phone them.

 

Let them know that the people of this town value our

Forest and watercatchments and want them PROTECTED.

The total collapse of the promised community consultation process has left us no options.

IF YOU THINK THIS FOREST IS WORTH SAVING , and the other forests that are in line for the same fate are also worth saving,? please take the time to contact our? ministers.

IT IS NOW OR NEVER.

We demand changes to forest management and a complete review of  The Regional Forest Agreement which is allowing the destruction to continue.

Contact our Ministers.

 

Carmell Tebbutt , Deputy Premier and Minister for Climate Change and the Environment?

Level 30

Governor Macquarie Tower,

1 Farrer Place,

SYDNEY 2000 NSW? Phone (02)9228 4866 Fax. (02) 9228 4855

email dp.office@tebbutt.minister.nsw.gov.au

Premier Nathan Rees? ?ph. office 92285239

email the premier@nsw.gov.au

Begin forwarded message:

Subject: Press Release
Date: Mon, 27 Oct 2008 05:24:05 +0000

Over 40 community members from all walks of life took time off to meet at the Bermagui-Cobargo turnoff on Monday morning. They were gathered in a peaceful protest against the logging of the Bermagui State Forest for woodchips.

'' There is a perception amongst the forest conservation community that there is a concerted effort across the eastern states to mount a co-ordinated pillage of contentious native forest areas' said Tony Whan, forest activist with South East Forest Rescue. ' The Upper Florentine in Tasmania, Valley of the Giants in East Gippsland, and Bermagui in the South East of NSW are being simultaneously logged'

Friends of Five Forests spokesperson Suzanne Foulkes expressed concern over the failure of Forestry NSW to arrange the promised community consultation meeting with the Department of Environment and Conservation to discuss the?fate of Bermagui's last koala colony and their habitat.

Inspite of the Harvesting Plan only being released on Friday the logging machinery was moved into Bermagui's beautiful forest this morning under very heavy and unneccessary police protection.

This industry has a history of environmental vandalism, uncontrolled erosion, siltation of river systems and the destruction of biodiversity and vital carbon storage.
The question must be asked. How is it our police have been compromised into protecting an operation that is, under the legislated requirements of the Regional Foresty Agreement, illegal?

For further information call Lisa or Tony 0437471763

Posted by editor at 6:03 PM NZT

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Mood:  don't ask

Picture: Taken March 2007, this was the wetland catchment of Tinda Creek until the mid 80ies when a farm dam was excavated and rapidly expanded without lawful approval into a sandmining operation, until 1996 when Hawkesbury City Council gave it retrospective approval.

This is the 4th part of the serialised Diamond Diary quoting the 60 year old activist's sworn affidavit in proceedings in the NSW Land & Environment Court 40733 of 2008. His case Diamond v Birdon Contrcting Pty Ltd & Anor was lost recently on technical grounds such that the substantive issues of illegal environmental vandalism have not been tested. He consents to his affidavit being reproduced here.

There are some deletions as marked based on legal considerations. Diamond's main grievance has been damage to Tinda Ck which crosses the Old Putty Rd aka Singleton Rd. The private land is sandwiched between Wollemi and Yengo National Parks which are both World Heritage listed and listed wilderness areas under the Wilderness Act 1987 (NSW).

In June 2007 a hydrological expert Chris Jewell working for Hawkesbury Council reported that the watercourse into the world heritage area has been cut by 37% and this will increase to 53% if the sandmine is expanded.

Neville Diamond's story continues:

My experience of menaces and a history of violence from sandminers at Tinda Ck

33. I was owner of a block of land subject to bank mortgage adjacent to the sand mine from 1981 to 1996 where I lived part time with my wife and child. During this time our sole source of reliable water was Tinda Creek until the sandmine started turning the water in the late eighties into a “chocolate milk shake”. Before this the creek was like expensive bottled mineral water.

34. The Stout family company Poyneed Pty Ltd operated an illegal sandmine from ‘a farm dam’ from 1984 to 1989 using Tom Bruce’s Birdon Contracting Pty Ltd for plant and equipment from 1989. When they started going out of business due to regulatory breaches, a $10,000 pollution fine, and ........ Birdon moved in as a business partner around 1989 especially as he was owed money by Poyneed. As I understand Birdon and managing director Tom Bruce became the controlling interest from about 2004.

34A. I also had a property with a house at Londonderry about 80 km away which I bought in 1984. Soon after I expressed concerns in 1985 about the unstable dam structures from the mining operation by Stout at Tinda Creek my wife suffered a home invasion on 6 Nov 1985 and beat us up, and menaced both of us and my 4 year old son with a 303 rifle.  This event is referred to by Bignold J in his decision accepting my evidence in Farrell v Diamond 1990 at annexure 1  at page 4. I believe this was to warn me off any complaints at Tinda Ck in the future.

35. In 1989 as a result of a year of complaints about water pollution of our pristine and only reliable water supply and given my extensive local knowledge and experience of sandmining, the sandmine operated at Tinda Creek by the Stout family trading as Poyneed Pty Ltd  - was fined $10,000 for water pollution. Colour copies of the water showing high turbidity – what I call a chocolate milk shake – from that time are found at annexure 27.

36. From that time on I was particularly harassed and threatened by certain staff at the sandmine some of whom remain working there for Birdon all these years later.  In around1990 my house at Londonderry was shot up while myself and wife were in the building. My 2 tanker trucks, 1 table top truck and 2 cars were fire bombed twice around 1990. This resulted in reports to NSW police and I know who did it but they have never been prosecuted. I believe this was a revenge for the $10K fine and closure of the sandmine which had grown  from a 3 ha farm dam to a 15 ha sandmine without any lawful development consent at that time until finally getting retrospective DA approval in 1996.  For instance Council issued a stop work order in 1995.

37. One aspect of the menacing and criminal harassment was the systemic theft of my movable property on Lot 1 adjacent to the sandmine on Lot 2 including a licensed guns kept on the remote farm property. A list of the property that has been stolen by some staff at the sandmine is attached to a letter at annexure 26  

 Soon after this theft all the sheep in the Walker’s neighbouring place were shot dead. The Walkers were allies of both myself and my agent Tom McLoughlin in the Wollemi Legal Fighting Fund. Attached as annexure ….. is a greeting card from the Walkers to Tom McLoughlin after we won the Mushroom Composters struggle in 1995-6.

38. In 1996 I was forced to sell my land at Tinda Ck by my bank because my tenants could not get clean water due to the sandmining such that I could not raise rent on the asset anymore and service the mortgage and was finally forced to a mortgagee fire sale after years of environmental impacts from the unlawful sandmine.

39. Even more recently the staff and owners of the sandmine habitually threaten and menace me because they see that it has always worked to some degree in the past.  I refer to a transcript of evidence regarding ………… I refer to my affidavit 7 November 2006 regarding this history of violence against me typed up by my mother in large block letters at annexure 29  The affidavit refers to a PINOP which is police jargon for “Person in need of protection”.

40. I refer to a statutary declaration of Bill Sneddon dated October 2008 regarding ........ menaces and threats I experienced in  2005 and 2007 at annexure 30.

41. I refer to the uncontested affidavit seeking a postponement of the evidence in reply timetable to 13 October 2008 where I state:

6. Now I believe I have to take further advice and precautions for my security and to further investigate the gravity of death threats:.  I have learned just today 23^rd September 2008 that an environmental activist in the Hawkesbury City Council Local Government Area has received a death threat 3 weeks ago and a death threat to his family, for democratic protest about some issues. I’m told these threats were from persons claiming to be with the ...... bikie gang. I am told at this incident the environmentalist was asked words to the effect of “Do you know Neville Diamond? He’s ruined a million dollar sandmine business. We’re going to do the same thing to him”.

7. The seriousness of the death threats are reinforced by the incident at the site inspection of the sandmine in 2007 at Tinda Creek with Hawkesbury Council officers and consultant Chris Jewell when an angry worker, who has been identified as ....... by plant manager .........., tried to assault me. This was only avoided by the intervention of Greg Hall of Council. This was reported to the police same day. I have also been forced to seek 3 apprehended violence orders against .............in 2004, 2005 and 2007 for death threats by him which on each occasion were settled by mediation with his solicitors. On the last AVO application and mediation ........ agreed to instruct all his employees specifically his foreman and the bikie member to not approach or threaten me.

8. I am already on the pension for stress and these incidents coming from the sandminers at Tinda Creek are affecting my ability to comply with the timetable.

42. My agent .........   (who is also an unemployed solicitor in NSW on a restricted certificate), is the source of the information about this latest death threat, via a local Hawkesbury environmentalist who came to see him in early October 2008 to in turn caution me. He has the name of the informant and I believe the threat was made. 

43. In reality [it is alleged] Birdon have been pulling every dirty trick legal and ....... to avoid accountability over destruction of Tinda Creek and the LEC is the last hope for forcing them to obey the planning law.

Attempt to smear me with pollution fine via sabotage of storage tankers

44. In answer to the Birdon’s solicitor letter received by email 9 Sept 2008 where I am asked to make admissions as follows:

I refer to previous correspondence and hereby request that Mr Diamond disclose as to whether he has ever paid all or any of the fines and costs imposed upon him by Bignold J in Farrell V Diamond decision dated 9 May, 1990.

This is a reference to the vengeful sandminers continued their vendetta against me for seeking protection of Tinda Creek especially after the $10K fine on the sandmine. My tankers with hazardous waste water in storage at my Londonderry property were sabotaged releasing a serious pollution spill. This criminal act by sabateurs resulted in my prosecution - not for the spill - but for storage for so long without a permit, though the evidence showed the NSW Pollution Control Commission were well aware of my storage of the waste in those tankers for an extended period. I was also fined for not displaying a waste industry sticker on the windscreen – which had been smashed and the truck firebombed already. As a result I was fined a relatively low $2,100 for a serious pollution event because Bignold J accepted that it was sabotage beyond my control in Farrell v Diamond 1990 at annexure 1.

45. Vested interests associated with the sandmine have sought to use this pollution fine to spread a strategic smear and chill around me to diminish the status of my grievance. They attacked the messenger so HCC might ignore complaints of unlawful operation of a sandmine which only received a retrospective consent in 1996 from Hawkesbury City Council after 10 years of unlawful operation. And even then from 1996 continued to operate illegally for lapsed consent for breach of condition 4 – lack of state dept approved erosion and sedimentation control plans.

46. It is most ironic to me that after 24 years the Council has agreed with me in their latest report of 29 July 2008 that the sandmine’s consent has lapsed for failure to comply with consent condition 4. The truth is it’s been a cowboy operation all the way through with systemic breaches of consent conditions exploiting the remote nature of the operation and thugs who work there.

47.  In 1997 I commenced legal action 10041/1997 against Birdon unlawful sandmining as referred to at at 1.n and 1.o in Byrnes/Birdon letter of 9 Sept 2008 setting out their Grounds for the strike out motion attached at appendix ……. The settlement of that court action, with no costs order,  was based on an agreed option to purchase my block of land back from Birdon which they bought in a forced bank mortgagee sale at only $130,000 when the property was valued at $ 260,000

48. Again the criminality of certain staff at the sandmine came into play. I planned to use a certain asset – a bulldozer heavy machinery located on my former block of land at Tinda Creek on Lot 1 – to raise the $10,000 deposit for a bank loan. I had engaged a mechanic to repair the dozer to make it fit for sale.

49. In 2006 an innocent tilt tray truck driver called Owen Tonkin told me and I believe it to be true that in 1999 .......and ......... who still work at the sandmine arranged for him to pick up my dozer and effectively steal it using false pretences offering him a three way split in sale of the dozer. I bought it for $6,000 in the early 90ies and my mechanic Bill Morris rebuilt it. It was worth about $10,000. They  stole the dozer effectively preventing me from raising a deposit to exercise the formal option by end of 1999. I reported it stolen in 1999. I spoke to Skarstrom in 1999 and he told he knew nothing about it.

50. As a result of all this nastiness by the sandminers when I lost my property in 1996 by forced mortgagee sale to Birdon I resolved to get inside the sand mining industry and learn how to reform the planning and environmental issues around this sand mining racketeering in order to get some personal justice for driving me off my land and to protect Tinda Creek catchment. My involvement in all kinds of public interest projects and working for Dixon Sands at Maoorta has mainly been about learning how to get justice at Tinda Creek. This is the case I want to finish and hope never to appear in the Land & Environment Court again.

51. I believe that ........  the aggressive and violent and criminal attacks on me and my family [are] a way of covering up ..... illegal sandmining activities from 1989 onwards. ......

(to be continued)

25 October 2008 Diamond Diary Part 3: Getting to grips with the costs regime in the NSW Land & Environment Court, Mood:  not sure, Topic: legal

Thursday, 23 October 2008 Diamond Diary Part 2: How I went bankrupt 'doing litigation for Dixon Sands' Mood:  accident prone Topic: legal

 

Wednesday, 22 October 2008 Diamond Diary Part 1: Amazing career of environmental litigation Mood:  on fire Topic: legal

Tuesday, 21 October 2008 World heritage vandal gets technical win in Land & Environment Court ...for now Mood:  accident prone Topic: legal

16 October 2008 Hawkesbury City Council public duty to protect their World Heritage park in court Friday 9.30am Mood:  blue Topic: legal

Friday, 10 October 2008 Misleading plan and letter by sandminer in threat to Blue Mtns World Heritage Area? Mood:  sharp Topic: legal

6 October 2008 Google Earth reveals illegal drain intercepting Tinda Creek to World Heritage area? Mood:  sharp

 

 

Posted by editor at 1:34 PM NZT

Updated: Tuesday, 28 October 2008 3:45 PM NZT

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Mood:  chatty

Author’s general introductory note

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.

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

Media backgrounders

Nice column by Annabel Crabb again this weekend re political nouse trumps legal tactics.

Fairfax implicated in special mini metro treatment.

SAM pushes it's serial on damage to Blue Mtns World Heritage area.

SunHerald Sydney today has big GFC story with no byline on page 3 today.

SAM piece on 4 Corners kicks off a Libs v Nats frame? Echoes or parallel with SAM in Canberra Gallery coverage. Big Bill Heffernan turns up on MTP 10 below, aka "Ghost who walks"

10 Meet the Press:  8- 8-30 am

Press roundup reference to Sydney Sun Herald re $320 billion IMF bailout BUT the story has no byline or even news service reference like Reuters or AAP. WTF?

Nice quote Mal Turnbull re PM Rudd “control freak”. Nice quote Rudd v Turnbull support indy regulators like Ken Henry and RBA governor Stevens.

Out take is Nats NSW leader Stoner shooting reference from media conference platform. The Momentum on that ‘gaffe’ or ‘joke’ is growing. It could destroy Stoner not per se but through the replaying. [He later said “Get over it” which might play well to redneck Nat voters, rusted on but surely will send a chill to the rest of the polity.]

Tanner is the talent – drones on with safe boring hands, which is what you want in a GFC.

First adbreak – newish Teachers Fed advert with www.forourfuture.org.au website (tbc).

Excellent talent on panel with Michelle Grattan – starts with R question “recession”. Tanner drones on with safe hands. Then shelves the wooden, and goes real conversation.

Debate around Ego Turnbull Opposition v PollyAnna Govt.

Mark Kenny Adelaide Advertiser (solid, News Corp).  Serious questions, serious thought. Hard question about remainder of surplus. Not a real $22B as growth projections. MG picks up on this.

Q. If you are wrong on projections – Won’t project, Q. that implies you can go in deficit given past surpluses?

Tanner says very difficult to get clear picture.

2^nd guest is Big Bill Heffernan – preface take is Heff and Boswell going at eachother. Runs his thesis on Wran removal of preferential voting (don’t really get this, ignorant on my part).

Tries gravitas re climate change, global food task, possibly 1.6B people being displaced. Real possibility 0 allocation after the $10B spend on improvements. With modern telecommunications and transport nowhere is quarantined.

Q. from MG re gene IP on breast cancer is a real problem, choke public policy and initiative. Challenged in Europe and lost the case. Ban patenting of human genes. [Agree].

Tooralie purchase. Serious blue says BH, buy it “sight unseen”, two independent valuations says Mark Kenny.

$350 per megalitre pricing there … run out of time.

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

Riley Diary 7, from 8.30am

Essay on the ties of PM and Opposition leader. [On reflection looks to us like penis metaphors, used to think ties were to cover the buttons or keep a cold breeze out from the shirt gaps!]. Red for Turnbull colour of … love, anger, war? Blue for Rudd colour of … authority, power, Liberal Party?

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

Missed most of the start of this, clashing with Riley Diary. Federal Minister for Immigration, Senator Chris Evans.

Under pressure to cut immigration by 25% as per Opposition Sharman Stone.

Caught on pointy end of capital punishment policy issue. Alan Jones Sydney 2GB has broken cover to oppose the death penalty in relation to the Bali bombers. Recognition that it leads to no clemency for Australians overseas, as well as degrading ourselves as a country to the level of those killers.

Got in trouble with PR junkie PM Rudd double talk on death penalty to avoid right wing shock jocks calling for blood after murder of 200+ tourists in Bali. Nasty grim tragedy.

http://news.ninemsn.com.au/oakes

Insiders 2: 9- 10am

Preface footage, great footage of spiky emasculated pollies talking but powerless regarding GFC.

Confirmation of Minister Wong staying out of Libs v Nats after 4 Corners [as per

Panel is Annabell Crabb (Fairfax), David Marr (Fairfax) and Andrew Bolt. All suitably feisty and in form and a little spiky. Special note of lovely AC changed hair style, dressed casual all the better to admire her brain.

Craig Emerson as Small Bus minister is the talent – droning on safe boring hands, like Tanner, bit less wooden at the start out.

Very competent and democratic values on display. With energy, and steady voice. Takes moral high ground on political opportunism. Asked a simple question can Australia avoid recession. Strategic error in his answer perhaps – goes into lengthy detail. Should has said one word … Yes. Then taken the follow up question on the detail. Longer the answer the more nervous he may sound … in effect, no intention. Don’t over egg the pudding Craig.

Everyperson section a vote of confidence in the Govt from the heartland Labor demographic, blokes in a family.

Strong theme the whole morning re Turnbull going personal attack on Ken Henry. Turnbull was ahead of the curve on this issue re financial markets etc, made a lot of progress. PK says Rudd most aggressive he’s been since elected this week. Reckons he knows got dent Turnbull’s economic credentials. Rudd going to G20 next month.

Bolt gets a tactical advantage over Marr in the repartee. Getting personal. Bolt is about right there is a problem either RBA should have advised and didn’t about unlimited guarantee, or did so advise originally and the govt has hid that. Seems they didn’t and 5 days later the RBA and govt took action to refine the deposits guarantee.

AC gets and acknowledge’s Bolt’s probative points not least because of her excellent last column.

Acknowledged Barnaby Joyce “best question of the day”. Following the same cadence as Ken Henry “How … long ….would ….it ….take?” to do modeling of $10 billion half surplus splurge to maintain confidence? [Notice Ken Henry was “ W…..R….O…N….G….exclamation mark” BJ 5 – KH 6, wins on the finishing line! Good Rumpole tv that.]

Great talking pictures segment with “Mark Gordon?” as First Dog on the Moon cartoonist. Picks up same cartoon as MTP 10 above re Super Kev – but forget to mention the muscly headed Kev is indeed a scrawny wannabe in legs and arms and lacks cred. Which is the devilish Moir subtest. Beware PM!

Chats about US. AC watches Costello, head down after attack on Ken Henry’s personal integrity by Mal Turnbull as current leader.

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

Posted by editor at 11:10 AM NZT

Updated: Monday, 27 October 2008 12:29 PM NZT

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Mood:  down

12/2006 - Logger political terrorism under the Howard Govt regime

13 . Violence and extinction in Tasmania’s forests

Rooted blogger Tim Hollo writes:

The last three days have been quite a revelation of exactly what's going on in Tasmania's forests. Regardless of the rhetoric of sensitive management of the forests, the real story is one of wantonly sending species towards extinction and viciously attacking those brave souls who stand up for protection.

On Monday, Bob Brown launched a new report by Margaret Blakers and Isobel Crawford into the state of the Swift Parrot (pictured). This amazing parrot, named in honour of its ability to cross Bass Strait in 3 hours (the ferry takes all night!), is listed as endangered, but, as the paper argues, should be upgraded to critically endangered as its population has recently crashed below 1000 pairs thanks to the logging of its only breeding grounds - the forests of south-eastern Tasmania.

Last Friday, Forestry Tasmania proudly announced that they would halt logging in the Wielangta coupes where the birds are nesting this season. Once the birds are gone, of course, Forestry will continue the slash and burn, destroying forever one of the last remaining nurseries for this beautiful little bird.

Bob made the point to Fran Kelly on Radio National breakfast on Monday that, with a species on the brink of extinction and the State Government doing nothing to protect its long-term future, the Federal Government has the right and the responsibility to step in and terminate the Regional Forests Agreement that covers the area preventing the Federal Government from taking any action to save the bird.

When challenged on the issue by Fran Kelly on this morning's breakfast, Peter Garrett ducked the issue, passing the buck to the Tasmanian Government:

"Under the RFA Act, it is the responsibility of the Tasmanian government to ensure that those management prescriptions that have been identified as necessary are undertaken and it's our expectation that that would be the case... The EPBC [Environmental Protection and Biodiversity Conservation] Act does not apply, and hasn't for some time, to override or to provide ... any necessary or additional actions over the RFA. Now that's always been the case."

A bold move by one of my former heroes.

Meanwhile, the Tasmanian Government, in whose trust Minister Garrett places the fate of the Swift Parrot, is led by a man crassly and wilfully ignorant of science. A recent study by the ANU has backed up what many of us have been arguing for years -- that standing forests are far more valuable as carbon stores than they are as woodchips.

Premier Bartlett, on the other hand, told The Australian newspaper that "I don't think the logging of old-growth forests is necessarily related to climate change" and called the clear global position that standing forests are more valuable than logged forests "b-llsh-t". You can read what Christine Milne has to say about that here.

But just to confirm one of the worst weeks for Tasmania's forests in years, we were notified last night of a horrific attack on protesters in the Florentine Valley yesterday, brave people from Still Wild, Still Threatened, trying to protect forests on the eastern edge of the World Heritage Area. They had locked onto a car in the middle of a forestry access road, peacefully but effectively blocking the ability of loggers to gain access and chop down the trees. They were attacked in their car, with loggers bashing the vehicle with a sledgehammer, eventually dragging one protester out and kicking him in the head. One particularly brave protester caught it on a phone camera and the footage is now making its way around the globe.

A warning. This footage is not for the faint-hearted, or for those who dislike coarse language.

Posted by editor at 12:44 PM NZT

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Mood:  sad

Ironically - given SAM's penultimate post - it was Fairfax that carried the story earlier this week about the awful, awful problem of what looks like a badly designed, too steep track on the Chatswood to Epping link under the Lane Cove River:

Epping rail noise 'won't delay opening'

October 23, 2008 - 8:38AM

"RailCorp chief executive Rob Mason said the noise exceeded acceptable levels when train carriages tested on the track travelled the steep, curved section under the Lane Cove River.

"Yes, the noise, using our existing CityRail trains is too high compared with the same trains in our other tunnels of the network," Mr Mason told ABC Radio on Thursday.

Fairfax newspapers reported that train noise levels reached 90 decibels, comparable to a Boeing 737 plane coming in to land."

The SAM editor knows a bit about why the steep section was constructed. We know that the Urban Bushland mafia with Dr Judy Messer as their champion as chair of the NSW Nature Conservation Council would brook no counter arguments from Friends of the Earth Sydney (this writer's then home group) or other public transport campaigners about the extra stations from a 14 metre high bridge option.

The letter writer to the Sydney Morning Herald 24 Oct 2008 rings true. It saddens me to say so, but they are so right.

The Urban Bushland mafia within the green movement had to have every last fraction of the Lane Cove National Park sacrosanct, as daily some 2,500-3,000 native trees in public forests are woodchipped down at Eden, and 400 plus people die prematuresly from bad air quality in the greater metropolitan area. Losing perspective? We do think so. Some of that 200 square metres of the park was already disturbed land apparently.

It's only a consolation now for the green movement that it was not the now ascendant Green Party sector nor was it several other peak groups.

Dr Judy Messer, you should face up to this disaster, not least your haughty policy agenda to the exclusion of other public policy concerns and other credible voices in the green movement. Bring on the accountability we say, both within and outside the green movement. Talk about Baby Boomers sitting on their digs too long.

The whole grim affair was reported by SAM micro web news back in December 2007, bouncing off a News Ltd front page screamer:

Friday, 7 December 2007

Split in NSW green movement in 2000 prefaces Lane Cove River rail crossing 'debacle'
Mood:  d'oh
Topic: nsw govt

Posted by editor at 11:40 AM NZT

Updated: Saturday, 25 October 2008 12:22 PM NZT

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Mood:  d'oh

The revolving door Big Media to Big Govt and back never seemed more obvious than today. The ALP both federal and state are determined to deliver a rail link to Fairfax first stop out of the CBD. Call it a Mini Metro, call it a North West Metro. But Fairfax will get a link to their new office tower  on Darling Point/Darling Island at quarrantined Pyrmont just like News Ltd have got Central one block away from the Holt St Harlot.

As High Court Judge Michael Kirby said to Andrew Denton's Show responding to a flippant 'should the media run the country?' with "Don't they already?"!

 Picture (above) of the SAM web micro news fleet vehicle (the bicycle) in front of the new Fairfax building on Darling Island Pyrmont taken earlier this year.

Talk about a 2010 ALP federal election strategy pandering to a big news organisation's commercial and staff needs before the public interest. We made the same analysis back on 24 March 2008, some 5 days after this front pager below regarding the metro plan just coincidentally being first stop out of the CBD at Pyrmont Darling Island.

The political imperative is we suggest consipicious by the secretive cosy chats PM Kevin Rudd had with Fairfax heavyweights in a media exclusive earlier this year. The PM was openning the new dark squat tower office of Fairfax back on 8th May 2008 when John Lyons of News Ltd was manhandled away from questioning the PM striding into the new Fairfax bunker.

SAM commented on the Sunday Political Talkies weekly web post following:

"- ALP machine in trouble for manipulation not least with John Lyons manhandled asking question at Fairfax picfac – with ALP Inc advert for metro line juxtaposed in The Aust Friday p3, with metro first station out of the CBD, Fairfax Pyrmont area of 1 Darling Island. Talk about cynical corporate welfare for haughty Fairfax e.g. Ron Walker and mates. And cynical attempt by ALP Inc to buy editorial interference in the Oz with big 1/4 page 3 advert. It's so brazen most will hardly notice the pandering to big media rent seekers."

Certainly the cloak and dagger choreography is captured by the tone of Lyons's piece here below, and methinks his journalistic instincts were right to be suspicious even if he doesn't quite make the 'train connection', pardon the pun, that we do. Even when the metro PR advert runs next to his own piece also below.

But then he didn't spend 5 years slogging work out of an office based at Pyrmont and Ultimo as distribution manager as this writer did for now unrelated Alternative Media Group owned by Lawrence Gibbons so we well know the transport island effect there.

Sent: Friday, October 24, 2008 2:08 PM

Subject: [Greens-Media] Mini metro plan a costly mistake

Media Release - Greens MP Lee Rhiannon & Leichhardt Greens Mayor Jamie Parker - 24 October 2008

Mini metro plan a costly mistake

Greens MP and transport spokesperson Lee Rhiannon says Premier Nathan Rees' new CBD metro plan is ill-thought through, expensive and an exercise in policy on the run. Ms Rhiannon says the billions would be better spent on finishing existing heavy rail projects and extending light rail to other areas of Sydney.

NSW Greens MP Lee Rhiannon said:
"The Premier wants billions from Infrastructure Australia to build a new metro system when he can quickly and easily create a city loop by extending the existing light rail system for a fraction of the cost," Ms Rhiannon said.

"This is a mini plan from a mini premier. The money would be much better spent on completing existing heavy rail projects and extending light rail to other areas in Sydney.

"The route outlined will face technical difficulties, demanding extensive tunneling through steep gradients and around city office blocks. Darling Harbour and White Bay present a real challenge.

"The costs will be astronomical at a time when the NSW government is crying poor.

"With peak oil and climate change the Premier can't afford to continue with these kinds of follies. Sydneysiders need real public solutions not this kind of drivel.

Leichhardt Greens Mayor Jamie Parker said:
"The sensible option for the Inner West is right under Nathan Rees' nose: extend the existing light rail service. 

"This is the obvious solution that can be done much more quickly and at a fraction of the cost.

"If Mr Rees wants to provide additional public transport for Rozelle he can easily run light rail off into that suburb.

"It's clear the Premier has been propelled by fears of losing inner city seats rather than good transport planning.

"For years the Greens have been campaigning with the community for better light rail services in our area but Labor has ignored us.

"Now the polls aren't looking so good and the Premier has responded by pulling this flimsy plan out of a hat.

For information:
Lee Rhiannon - 9230 3551, 0427 861 568. Jamie Parker - 0418 428 089


--------------------------------------------------
Lee Rhiannon, MLC
The Greens
Parliament of New South Wales
Macquarie St
Sydney 2000
Tel: +61-2-9230 3551
Fax: +61-2-9230 3550
lee.rhiannon@parliament.nsw.gov.au
http://www.lee.greens.org.au/
http://www.democracy4sale.org/

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

 Picture (above): The new Fairfax building front reception. A wilderness of mirrors?

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

Just a thought but it could arguably, theoretically be a breach of the election laws if the railway station at Pyrmont to service Fairfax was intended as a federal or state government bribe to a private corporation for favourable election coverage. Not saying it was, just wondering.

Posted by editor at 10:21 AM NZT

Updated: Saturday, 25 October 2008 11:29 AM NZT

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Mood:  not sure

In Part 2 Diamond describes hitting the wall regarding costs orders doing litigation financed by covert principal Ken Dixon of Dixon Sands (Penrith) Pty Ltd from 1997 to 2005.

In Part 3 here Diamond describes via his affidavit filed in the Land & Environment Court on 14 October 2008, reproduced here by permission, getting to grips with the legal costs/security for costs regime of that jurisdiction, alas all too late given his formal bankruptcy from around 2000.

A professional approach to costs in this case [Diamond v Birdon Contracting Pty Ltd & Anor 40733 of 2008]

30. I can assure the court through my agent and supporters that I understand and accept the legal framework regarding costs in LEC litigation and that I am not a frivolous or vexatious litigant in these proceedings. In this respect I refer to previous successful cases I have been a party to above. I understand for instance as advised by the Environmental Defenders Office principal solicitor the following rules apply:

The costs issue arises in the Land and Environment Court Rules 2007 in rule 4.2. It relates to class 4 appeals.

4.2   Proceedings brought in the public interest

(1)  The Court may decide not to make an order for the payment of costs against an unsuccessful applicant in any proceedings if it is satisfied that the proceedings have been brought in the public interest.

(2)  The Court may decide not to make an order requiring an applicant in any proceedings to give security for the respondent’s costs if it is satisfied that the proceedings have been brought in the public interest.

…..

I am also aware of Rule 3.7 which strictly speaking applies to class 1, 2 and 3 matters however the criteria appear to be indicative:

3.7   Costs in certain proceedings

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.

With the support of my agent I can reassure the court that I will respect these rules and stay within the boundaries of these rules.

31. Regarding security for costs in this case I submit under a proper consideration of the legal tests in Cable’s Case and Melville Case I should not be obliged to provide a security for costs. My submissions on this are outlined to some degree below under a separate heading.

32. I have a reference in my case from Peter Waite OAM.  I am in current discussions with Peter Waite OAM, a successful businessman who campaigns on integrity in Local Govt in Hornsby shire, and who has attended meetings with me and the Mayor of HCC and site inspection of the site. Peter has authorised me to reveal these negotations publicly that if I am forced to he will consider underwriting any security for costs order against me in these proceedings to better protect the WHA. However before he decides to do that there is still the legal question of whether I am barred based on Birdon arguing in their notice of motion:

(a)   my bankruptcy – I say the evidence shows this is not legally relevant as found in previous public interest litigation

(b)   consent conditions of 2005 are binding or not given the systemic and extreme breaches of those conditions by the Birdon in effect and regrettably making them a dead letter;

(c)   previous record of litigation.

I have to weigh up in these proceedings whether to seek to join with another environmentalist such as my agent Tom McLoughlin to re-apply to the court whereby Peter Waite can underwrite my colleague’s security for costs as a separate party against the sandminer who is not so potentially handicapped by the 2005 consent orders depending on how the court decides on their ongoing legal efficacy/viability given the evidence of systemic breaches by Birdon.

However there was not sufficient time to organise that approach in these proceedings as a matter of practicality: When HCC issued their planner’s report for council meeting on 29 July 2008 proposing refusal of the s.96 modification application, I was advised in the week approaching the full council meeting by Liberal Party councillor Robbie Porter words to the effect of: “We are going to vote for it anyway, whatever the council officers recommend.” Given the history of this matter I had to him at  their word and felt a public duty to  intervene to prevent an approval.

My agent faxed a court stamped application in class 4 that very afternoon of 29 July 2008 to the HCC prepared at short notice, while I was already in court over the Kettle/Coca Cola case public interest case.  Since then I have had time to organise an Amended Application with further orders sought, filed and served with this Affidavit of evidence in reply.

 

 

 Picture (above): Tinda Creek on site of Birdon Contracting Pty Ltd interrupted by giant tailings pond in foreground (and scroll to far right off screen), with dubious site works in background on new areas subject to 's.96 modification application' for another 1.3 million tonnes of sand. An expert Chris Jewell says the evaporation of the lake in the final landform will cut off 53% of the creek running into wetlands in the Wollemi World Heritage Area.

Previous posts in this series are here:

Thursday, 23 October 2008 Diamond Diary Part 2: How I went bankrupt 'doing litigation for Dixon Sands' Mood:  accident prone Topic: legal

 

Wednesday, 22 October 2008 Diamond Diary Part 1: Amazing career of environmental litigation Mood:  on fire Topic: legal

Tuesday, 21 October 2008 World heritage vandal gets technical win in Land & Environment Court ...for now Mood:  accident prone Topic: legal

16 October 2008 Hawkesbury City Council public duty to protect their World Heritage park in court Friday 9.30am Mood:  blue Topic: legal

Friday, 10 October 2008 Misleading plan and letter by sandminer in threat to Blue Mtns World Heritage Area? Mood:  sharp Topic: legal

6 October 2008 Google Earth reveals illegal drain intercepting Tinda Creek to World Heritage area? Mood:  sharp

Posted by editor at 8:57 AM NZT

Updated: Saturday, 25 October 2008 12:34 PM NZT

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Mood:  d'oh

There was Big Bill, Senator of the Liberal Party in the Australian Parliament, with a tendency to crash other people's media conferences like an all round smart arse.

The cartoon above says it all from 2007 in the big press and ought to have been a warning to Ferguson too: Specifically Big Bill was whining about, in words to this effect: "How could anyone buy Toorale for $23M sight unseen?"

Let's just test that proposition for a moment: Controversial part buyer of the long, long established farming property Tooralie - in fact national party royal heritage back to the 19C - is the NSW Govt. The NSW Govt is the traditional land manager at provincial govt level.

Is Heffernan saying no one from the NSW ALP Govt - in partnership with the Federal ALP Govt - has inspected or visited the property over the years? Not very credible that.  You can be sure the NSW NPWS and NGO groups like the big National Parks Association and Western Conservation Alliance have a pretty decent idea of what is at Toorale. As would Professor Richard Kingsford who was advising the Federal Govt.

And then consider the Federal Govt's recent past - Drought exceptional circumstances applications back to 2002 anyone? We wonder. Notice this report of hard times August 2008. And notice this retirement after 50 years in January 2008 by the MD of Clyde Agriculture owner of Tooralie/Toorale itself owned by the John Swire and Sons.

Secondly, it's a demolition sale. What's to inspect when you're taking the rural business apart to return it to nature? The value of the diversion banks that are going to be bulldozed? It's like an abandoned factory - which we took a lease on once in our potted history.

(This writer recalls the experience of a factory lease term along the lines of 'leasee takes in an abandoned state'. In other words the fixtures and fittings - or in this case the factory worker theft on decommissioning of most of the copper plumbing - was all part of the "abanonded state". We got it at a tiny $30sqm p.a. for 1000 sqm, so no complaints regardless. A bit of rural polypipe and we were back in the sub-lease business the next 4 years.)

And then there is the real trump of Heffernan's blather - the miracle that is Google Earth. Who needs to drive a thousand kilometres from Sydney, or fly, when you can look at satellite pictures. And not just Google Earth which can be 5 years out of date. The NSW Land's Dept have much more up to date satellite images and even greater resolutions when they want to.

So what is really going on here? The recent Port Macquarie by-election debacle for the National Party is the biggest clue. Alby Shultz MP (Liberal, rural) comes from down Tumut way not so far from Big Bill Heffernan's Junee digs. Shultz visited and endorsed the 'Liberal' independent who won in Port (aka Porpoise Spit), over the Coalition endorsed National candidate. Good decision voters!

What it shows is the RARA (rural and regional) turf war Libs v Nats with gun play talk by the latter, metaphorically of course. Heffernan is trawling that fertile vein of voter sentiment not just on the coast but in the heartland at Tooralie: All those Big Agri jobs converted to tourism and National Parks, science, river health in an age of dangerous climate change leaving anxious Nat voters 'not happy' stuck on the losing side of a federal ALP govt, and a federal election in Nov 2007.

And no wonder the UK based company Clyde was a "willing seller" of Tooralie. Notwithstanding their Sydney office, their home base in Britian is the the most active and sensitive place in the world on global warming as London 'sinks'. There is even a movie out at the local DVD shop called The Flood (2007) because people are scared about storm surges. And well they might.

When you take into account all this real politik context above you start to see why our SAM headline alludes to Australian Story at 8pm on Monday - famous for subjective free rein - merging into flagship 4 Corners at 8.35 pm, which is designed to be hard edged and polished journalism. It's a big task no doubt and the show had an awful lot to recommend it still, like that room full of big irrigator business men leveraged to the hilt and about to go bust in the Global Financial and Climate Change crisis. And coverage of sainted river ecologist Prof Richard Kingsord.

Posted by editor at 5:49 AM NZT

Updated: Friday, 24 October 2008 11:23 AM NZT

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