| « | October 2009 | » | ||||
 |
||||||
| S | M | T | W | T | F | S |
| 1 | 2 | 3 | ||||
| 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| 11 | 12 | 13 | 14 | 15 | 16 | 17 |
| 18 | 19 | 20 | 21 | 22 | 23 | 24 |
| 25 | 26 | 27 | 28 | 29 | 30 | 31 |
mischieviousReceived in one of those emails that does the rounds. Hilarious, scary, and/or dangerous (particularly the water/electric ones):
happy
Near Hawkesbury City Council Waste Management Facility is a privately run Junkyard also known locally as the Two Trains for obvious reasons when you see the frontage of the place over 4 hectares or more.
After some 15 years knocking about recycling and environmental issues we were very surprised to come across this place recently set in fairly rural location: Go 4 km south west on George St out of Windsor then north westerly on Blacktown Rd after the main roundabout/3 way junction then first left into Bennett Rd.
This place is well known to Hawkesbury and western Sydney type people but not former inner city folks more used to the humble Bower at Marrickville for comparison. The model is obviously different not least rental variations and this place is quite huge by comparison. The 2 Trains place is distinctive for having many sheds and converted buses full of stuff by theme, whether AV entertainment, clothes, kitchen, auto, furniture, then outdoors for mowers, baths etc etc. They pay a scavenger fee by weight to Hawkesbury Council and get fair custom for their sorted throwouts.
Here are a few pics above and below for the recycler and budget hoards to slaver over, with apologies for the glare and shadow effects on some images taken late afternoon into the west.
surprisedWe wrote on a crikey.com.au ezine string perhaps a month ago along the lines of 'we can feel a class action coming on' regarding Telstra's arrogant attempt to alter their customer contracts unilaterally making a penalty fee of $2.20 admin fee for paying their bill over the counter.
That is, altering the custom for time immemorial to pay cash for a service direct to the service provider unless otherwise agreed specifically in a contract. We thought this could well amount to misleading and deceptive conduct by Telstra given the custom for time immemorial.
We even submitted a complaint to the ACCC competition and consumer authority about the contractual ambush. And we posted it here on the SAM news blog you can see below at the end of this article. Our concerns for instance: What if this penalty would have influenced choosing a different provider of a new service. What if one doesn't trust payment over the web for infamous security reasons? What if Telstra's bills have been inflated and reduced recently after complaints making a direct debit system unwise?
Counter to this have been the green campaigners - for instance on Sydney local abc radio recently promoting the idealistic paperless office as here, who rely on hardship concessions for difficult cases, and good luck with that. Similar to this presentation:
YouTube - Going Paper-Less But as Jon Dee explains, corporate paper dependency is a river of waste flowing through bu... ... The Paperless Office
and the good and worthy John Dee here too:
Putting paper reliance out with the rubbish - environment, Paper ... 21 Jul 2009
Notice the dating of this new payment penalty system as here being 14th Sept 2009 as per notices for the last 2 months in their printed bill:
Now notice the date for the shock defacto enforced separation announced by Minister Conroy, no doubt with an eye to various political factors like this above to millions of Telstra customers, and not least the tens of thousands of unionised workers, present or past.
Here are the terms of the ACCC response to our complaint still curiously unresolved, we posted here on 4th Sept 2009 as a media backgrounder part of our Sunday Political Talkies weekly media monitoring column:
2. Telstra price gouging, with interesting response from the ACCC here especially re unconscionable conduct of Telstra. They say not (see bold added below), but we wonder:
From: ecologya
Sent: Thursday, 23 July 2009 3:39 PM
To: Infocentre
Subject: Complaint form submission [SEC=UNCLASSIFIED]Dear Mr McLoughlin, Thank you for your email of 23 July 2009 to the Australian Competition and Consumer Commission (ACCC) regarding the $2.20 fee Telstra is now imposing if customers choose to pay in cash.
The ACCC administers the Trade Practices Act 1974 (TPA) for the purposes of protecting consumers and encouraging a fair and competitive business environment.
From the information you have provided in your email it is unlikely that the conduct by Telstra would raise concerns under the TPA. If Telstra choose to increase their fees for services, they are free to do so. The ACCC is not a price setting body for goods and services at either the retail or wholesale levels. It does not have a direct role in regulating or setting prices except in the case of products or services that are declared under Part IIIA of the TPA. Internet service provision has not been declared under Part IIIA of the TPA. In these circumstances Telstra is free to determine its own pricing policies and provided that it does this independently it is unlikely to raise concerns under the TPA.
Generally speaking, companies are free to set the terms and conditions of their contracts. The issues you raise are very specific matters of a contractual nature. While it is not the role of this office to provide legal advice, I would suggest you put your complaint in writing directly to Telstra in an endeavour to resolve your concerns. Should you still be dissatisfied, you may wish to seek independent legal advice on whether civil action might be appropriate. It is up to an aggrieved party to bring a private action if they believe they have suffered loss or damages as a result of any breach of the terms or conditions of a contract.
Please note however, that Telstra have included a clause in their contracts with consumers that provides for changes to rates and charges provided that they give reasonable notice of the changes. Clauses of this nature are sometimes referred to as unilateral variation clauses and are not, of themselves, prohibited by any provision within the TPA.
That said, this office accepts that unilateral variation clauses can be a factor that the Courts will take into account in determining whether a corporation has engaged in conduct that might be considered to be ‘unconscionable’. In this regard s.51ABof the TPA includes a non-exhaustive list of factors which may be taken into account by the court. It should be noted that unconscionable conduct goes beyond normal harsh dealings and all of the circumstances need to be examined to establish whether a contravention has occurred. The Courts in applying this provision have often stated that simply establishing one of the factors listed in this provision is insufficient to substantiate a claim of unconscionable conduct. In this instance, this office is of the view that Telstra’s reliance on a unilateral variation clause to impose the price increase you complain of would not, of itself, result in the transaction being unconscionable.
It may be of interest to you that Australian Communications & Media Authority (ACMA) administers a code of conduct for the telecommunications industry entitled “Consumer Contracts Code”. Held within this code is specific mention about unilateral variation clauses and it outlines the obligations of telecommunication providers when applying such clauses. To find out more information about this code you can contact ACMA on 1300 850 115 or by visiting their website at www.acma.gov.au.
In addition, if you are seeking to exit your contract without penalty, you may wish to raise your concerns with the Telecommunications Industry Ombudsman (TIO). The TIO is an independent, non-government scheme which has been set up to assist consumers with speedy dispute resolution with their telecommunication service providers. Consumers should only contact the TIO if they have already attempted to resolve the dispute with the trader involved. The TIO can be contacted on 1800 062 058, or at www.tio.com.au.
I have recorded the details of your complaint in order to determine whether there is a pattern of behaviour by this particular trader or the telecommunications industry which may raise any broader concerns. Thank you for contacting the ACCC. I trust the above information is of assistance. Yours Sincerely, FraserACCC InfocentrePh: 1300 302 502
From: ecologya@
Sent: Thursday, 23 July 2009 3:39 PM
To: Infocentre
Subject: Complaint form submission [SEC=UNCLASSIFIED]Complainant details
Mr Tom McLoughlin
NSW 2756
AustraliaAge: 45-54
Gender: maleContact details
Date received: 23rd July 2009
Product provider: Telstra
Product description: mobile, wireless broadband packageComplaint
I was a commercial litigation lawyer at Baker McKenzie in another life 1990-91. As per my phone message and email to Choice/policy officer Michael Fromme (spelling?) earlier today, Telstra changing their cash payment system adding a fee for EXISTING (therefore no notice) customers [reported on abc Richard Glover radio earlier this week] looks to me like deceptive conduct (breach s.52 Trade Practices Act). How? Because EVEN IF their contracts have fine print to alter these payment systems adding a $2.20 fee for processing casj (I don't know), it's been no fee FOR TIME IMMEMORIAL. It is totally reasonable for people to assume there will ALWAYS be no processing fee for cash. So they should ONLY be allowed to change the payment system for those who enter A NEW contract of service with NOTICE of potential change in payment system and fee. Otherwise the new fee is a deceptive omission to their original contract, and harsh and unconscionable too. For instance I recently took a mobile/wireless internet package, and I like to pay by cash not by the web because I don't trust it's security with account details and want to minimise that exposure as much as possible. If I had known they would change their account payment system with $2.20 fee when I took the contract/s in March 2009 I may well have decided to go with another provider. At least I would have wanted to know their extra fee per monthAdditional information
---
IMPORTANT: This email from the Australian Competition and Consumer Commission (ACCC), and any attachments to it, contains information that is confidential and may also be the subject of legal, professional or other privilege. If you are not the intended recipient, you must not review, copy, disseminate, disclose to others or take action in reliance of, any material contained within this email. If you have received this email in error, please let the ACCC know by reply email to the sender informing them of the mistake and delete all copies from your computer system. For the purposes of the Spam Act 2003, this email is authorised by the ACCC www.accc.gov.au
.......................
Earlier we noted 3rd August 2009 a response to a crikey.com.au 'tips and rumours' piece here of theirs on the same day:
Regarding Telstra payment fee, as per my complaint submitted to ACCC and Choice, anyone who is on an recent term contract like for ‘broadband free modem offer’ which for wireless is something like 2 or 3 years, the question becomes:
How can a change of conditions of payment now with a fee AFTER the term contract of years (say 1, 2 or 3) has already been entered into, not be a deceptive and misleading form of conduct in the course of business (to quote s.52 of the Trade Practices Act 1974 (Commonwealth))??? No notice of this new term at the time of contract. No way to avoid it without exposure to other consequences like web insecurity with credit cards.
To me it looks like a Big Four Banks try on because payment by cash with no fee has been a A CUSTOM OF CONSUMER TRADE FOR TIME IMMEMORIAL. The extra fee is not foreshadowed in the original contact. You are now locked into an extra fee exposure when you might have chosen a different telco provider if you knew about this oppressive fee arising.
In my view (as ex commercial litigation lawyer) the only way this new fee is not misleading and deceptive conduct regarding existing term based telco contracts with monthly billing is a renegotiated contract or a completely new contract is commenced or an option to cancel immediately is agreed.
That’s not the case with my 3 year wireless supply contract. And I don’t want to pay by credit card online because the web is not secure. I can feel a class action for misleading and deceptive (and unconscionable) conduct coming on say … about 14th September 2009.
Stay tuned.
coolA google search for "NSW Total Fire Ban" brings up the relevant NSW Govt website from the Rural Fire Service. Here is a screenshot from today with link embedded:
The general awareness in NSW after the tragedy in Victoria earlier in 2009 has certainly increased, but one wonders by just how much.
Picture: Private enterprise promoting bushfire bunker on Comenara Parkway in the Hills district of NSW, taken by the editor Sept 2009
AAP, SMH and Yahoo news seem to be carrying the stories high on the google search also. As here:
Total fire ban issued for NSW
at
http://news.smh.com.au/breaking-news-national/total-fire-ban-issued-for-nsw-20090930-gct0.html
September 30, 2009 - 9:49PMThe NSW Rural Fire Service (RFS) warns the "bushfire season has arrives" and his declared a total fire ban for parts of the state on Thursday.
Forecast hot and windy conditions have also resulted in a "severe" fire danger rating for Sydney, the Greater Hunter, Illawarra, the south coast, northern Riverena and lower central west plains.
It is the first time the "severe" rating has been used, after the system was overhauled in the wake of February's Victorian bushfire tragedy.
A new top category of "catastrophic" has also been introduced.
It will be used for days when weather conditions exceed the current top level of extreme, when major loss of life and property is deemed likely.
Severe is third in the danger sequence, and when in force, people are advised to leave their homes early.
RFS Commissioner Shane Fitzsimmons says the "severe" warning will be used for the first time on Thursday when temperatures are expected to reach the mid-30s in parts of the state.
"At severe, leaving early is your safest option for your survival. Your home will only offer safety if it and you are well prepared and you can actively defend it during a fire," he said.
"So our advice is very clear to the community. Prepare your home and prepare yourself, by ensuring you and your family knows what to do if a fire does start."
Mr Fitzsimmons said NSW had already seen significant fire activity on the north coast and further inland in the past few days.
"If people need a reminder that bushfire season is here, this is it," he said.
"Now is the time to prepare and make sure you have a plan for what to do in a bushfire."
© 2009 AAP
Picture: An amateur bushfire bunker constructed on a property in the Hawkesbury region this year by this writer relying on the concrete walls of an old water tank with soil barrier on the ceiling. We don't say this is a guaranteed survival measure because we have read it should be airtight and maybe last a 5 hour intense burn (K Tolhurst Victorian bushfire academic reported in Sydney Morning Herald) worse case scenario. But it provides a little reassurance.
quizzicalPremier Rees and his inexperienced ministers are posturing in the news as if they are constitutional lawyers. They are trying to bully a NSW Greens MP from asking probing questions about whether a developer was involved in the infamous McGurk murder, or not as the case may be.
But that's not the law speaking, rather Premier Rees and the ALP Govt executive arrogance. In fact the Parliament in the manifestation of the Upper House Legislative Council does have judicial power of a sort. They can ask questions in parallel to a police investigation. Arguably the police as an arm of the executive of government may on ocassions not be the most objective agency to probe say a political murder.
How do we know NSW Parliament has judicial power parallel to the courts? Well we recall something of this curious nature in our 1980ies law degree from ANU Canberra.
But here is a quote saying as much from New South Wales Legislative Council Practice By Lynn Lovelock, John Evans (2008) by a quick google "parliament judicial power".
In New South Wales Legislative Council Practice - Google Books Result by Lynn Lovelock, John Evans - 2008 - Law - 706 pages at page 579
As a lawyer SAM's editor also understands there is a convention around ethical obligations that questions to a witness need to have a reasonable evidentiary basis. Otherwise questions descend into innuendo.
In this Parliamentary Inquiry the developer in the witness box admits that he has been blackmailed by the victim - that's a potential motive and evidentiary basis for the question whether he was involved in a murder of the blackmailer.
The developer should be made to answer on oath ... to parliament. And the police for that matter, and if it comes to that a court. Or not depending on the facts of the matter.
sad
Picture: Sydney last week via local abc website, showing dust storm from central Australia travelling 2000km to the east coast, reminiscent of Gregory Peck and Ava Gardner in On the Beach
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. Perhaps the greatest utility is the headline synthesis above of the 3 or 4 shows followed in this session.
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.
Other sources of pollie talkies on Sunday include SkyNews paytv Sunday Agenda, Radio National Monica Attard Sunday Profile show. And of course Sunday night shows SBS Dateline, Sixty Minutes and now Sunday Tonight on 7.
Media backgrounders.
1. Adam Spencer profile in Sunday glossy reminds of ALP$10K or something pay for mere (duchessing?) mc work at a homeless conference or similar and then probing Richo getting $25K a month for developers. Mmm. The State of ALP indeed.
2. Profile of bubble head 42 year old talker Bill Shorten in Fairfax this weekend indicative of maybe Rudd people doing a Howard on all the ambitious wannabe leadership rivals. Or perhaps big media nurturing up trouble for the ALP via known egotists.
3. We got a feeling after shaky St Kilda start and sure enough Cats won yesterday in AFL grand final. Not sufficiently mentally fit was our impression despite all their muscles but to their credit both teams were outstanding for endeavour and honest effort and strong skills generally. One of the best finals we’ve ever seen. Where were the federal politicians edging up to the sport festival? Seem to be missing though PM Rudd is shown watching by satellite.
10 Meet the Press: 8- 8-30 am
Lead in PM Rudd sledging greed of financial system leading to GFC. Press round up re ‘waste’ of $82M stimulus overseas.
Guess is Wayne Swan who goes onto front foot about reciprocal welfare with other countries. Attacks Opposition for recession courting.
Grab of Keating in ABC World Today earlier this week re Westpac takeover of St George indirect criticism of Swan as treasurer. Says no regrets but uncertain with it. Jumps to 4 pillars certitude still. Humour out take is Keating love in with Clinton and Rudd on same interview.
Panel is J Irvine economics writer Fairfax, S Lewis News Corp tabloids. Both target ETS and timelines, Swan plays credibility card and national interest. Show moves to Ken Henry objectivity as public servant?
Exec salaries – Dixon ex Qantas $11M payout. Legislation targeting all sectors, G20 pursuing finance sector. Humour out take is Zanetti cartoon sledging Clinton love in with Rudd.
Footage of Rudd re G20 forum promoted in UN. Guest is Fullilove Lowy academic gun for hire. Argues Oz are joiners by instinct so worth angling for seat on Security Council, Irvine pursues cost of $35M worth it? Says half of a helicopter. Good q Irvine about ego trip or not.
Lewis flippant question but more serious point (and he loves pointing) about bigger international profile. Talks up interest in Iranian nuclear ambitions. Obama is a multilateralist suggests more reason to step up and get involved.
Meet The Press - Watch Political Video Online - Channel TEN.
Riley Diary 7, from 8.40am
Ex Washington journo, does rap on blue language PM Rudd big head link to low rent Rodney Rude after Clinton praise. Parallel to Oakes which overtakes for being longer.
http://www.seven.com.au/sunrise/weekend
9 Sunday newshour Laurie Oakes interview 8.44 am
Chainsaw McFarlane as shadow climate change minister newly inserted after Robb stands down. Dwells on Bradfield pre-selection. Pushes line Greens are extreme [coming from King Coal hypocrite] and gets to Sarkozy carbon tax on countries that don’t co-operate. Gets to Robb standing down and getting treatment.
McFarlane adjusts position admitting human effect on climate change being ‘part of that’. Says he believed it a long time ‘as a farmer’.
http://news.ninemsn.com.au/oakes
Insiders 2: 9- 10am
Lead in with hip package about climate with Rudd [preposterous] postures at UN in New York and Turnbull ‘in the dark’ in the UK. Cross to Lisa Miller.
Panel dwells on Bradfield pre-selection. Grab of Fraser winner, grey man from central casting.
Press round up – army widow front pager, Downer creepy visitor. Panel is RN abc Fran Kelly, Meglo News Corp broadsheet, Blair News corp tabloid (actually funny today?).
Grab of Rudd spruiking G20 with guest of Joe Hockey as shadow treasurer. Says it’s spin at Rudd’s best. Not created by Rudd, existed before he was PM. Trawls left of centre influences in G20. Spriuks talent of Libs in pre-selections.
Vox pop re our point on media backgrounders pollies not in country.
Strong chat about ETS and newspoll support for action, letter stunts and Wong not a great negotiator like Gareth Evans. Grab of Keating re early elections, Fran says not an early election believer.
Strong chat on Ken Henry positioned by Turnbull pros and cons.
Blair is funny about Turnbull mystery visitor to UK conservative leader Cameron.
Pollie pay rates.
http://www.abc.net.au/insiders
Inside Business with Alan Kohler
Refer http://www.abc.net.au/insidebusiness/
spacey
As a religious portent out of Shakespeare that 'something is not right' the dust enveloping most all of 4 million population of Sydney metro right now, today, is hard to beat.
In the United Nations in New York as we write politicians are talking climate policy. In Sydney it's climate and traffic mayhem with 10 international flights cancelled already apparently. Biggest dust storm in Sydney for 70 years says one report, though other 'big ones' have affected other parts of Australia more often like Adelaide and Melbourne.
The politics ought not be underestimated though because Sydney is the weight in terms of concentrated population.
Public broadcaster ABC radio leads in with REMS's ironic 'End of the World as we know it'.
We remain agnostic about whether the reddish early morning glow featuring in morning newspaper websites (as above) is more sunrise refraction than actually red dust. At 9 am the light is yellowy grey and life is proceeding with say 1000 metre visibility.
Asthmatics and the unwell are being cautioned, smoke detector false alarms are at record levels, and cameras are getting dust clogged, again according to local abc radio. An articulate intrepid caller from Wilton to the same station reckons he measured 2.57 grammes of dust per square metre off an outside glass table. Now a (foolish?) listerner is miscalculating '10,000 sq metres in a square kilometre' with Sydney metro at 2000 km sq. Actually 1000 m x 1000m means there are a whopping 1 million sq metres in a sq km.
So the amount of topsoil dumped on Sydney would be:
1 million metres sq x 2000 km sq x 2.57 grammes = 5140 million grammes
or according to a handy web converter here making 5140 tonnes.
But keep in mind that this dust has blanketed say 50% of NSW which is 80 million hectares in area (from my previous time on conservation land use policy). Converting that to km sq by another handy web converter is 800,000 km sq. Sooo .... conservatively half of NSW at:
400,000 km sq /2000 km sq x 5140 tonnes = topsoil lost at sea.
We make it 1,028, 000 tonnes of top soil lost from the outback of NSW into the Pacific Ocean.
What effect all that dust has for good or ill will be interesting such as
- marine life which can use the nutrients (like a documentary of Central America fish stocks and the dust off the Sahara) or
- climate in neighbouring New Zealand (glacier melt due to darker covering and sun absorption?).
It all reminds of this natural spectacular sunrise some months back in clear skies in the Hawkesbury:
spacey
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. Perhaps the greatest utility is the headline synthesis above of the 3 or 4 shows followed in this session.
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.
Other sources of pollie talkies on Sunday include SkyNews paytv Sunday Agenda, Radio National Monica Attard Sunday Profile show. And of course Sunday night shows SBS Dateline, Sixty Minutes and now Sunday Tonight on 7.
Media backgrounders.
1. This week the venality of PM Rudd is exposed like a loose thread that may unravel his career from stratospheric polling results. Appointing Nelson to “serve as Canberra's representative to NATO, the UN's World Health Organisation and as ambassador to Belgium and Luxemburg” against fast action on climate, pro Iraq war/admitting war for oil, and proven disloyalty to the Liberal Party, shows Rudd as a political chancer/opportunist. Good short term politics, but setting a deep neurosis into the fabric of the ALP which may see it shatter with a glancing blow from any David versus Goliath. The appointment is proof positive of Lib Lab fusion in thrall to big business, and says volumes about The Greens being the real opposition.
2. Similar to point 1, Godwin Grech has not been charged with anything by the AFP. Why? Because the ALP have real accountability issues yet? ‘Doogie Howser’ Charlton has never been forced to answer any questions publicly. Nor has any other PM staff. Just saying. They may be as innocent as driven snow. And still GG has not been charged. Why is it so?
3. Keating in the SMH broadsheet is portrayed as Napoleon over planning issues on prime Sydney harbourside area. What is the self interest of PK we wonder. He was also consultant to Frank Lowy on the oversized Westfield at Bondi late 90ies – a regional sized complex in a sub region wiping out satellite shops. Why is he referred to as in effect regressing back to the value system of his youth over natural landscapes? A sense of guilt over failure of the environment as former PM? In the age of disastrous climate change? Mmmm. Good story Matthew Moore, SMH.
4 (a) Minister Kristine Keneally on Stateline last Friday revealed she doesn't know who leading planning law barrister Tim Robertson is, being a Labor Lawyer (at least previously), joint architect of Carr’s early 90ies forest protection led famous election victory March 1995 (as legal counsel for North East Forest Alliance in marginal seats there), and if memory serves brother to famous Geofrey. Which despite the Minister's telegenic appeal and yankee verbal mastery, this ignorance also echoes with her frightened and inadequate interview as new planning minister with abc radio’s Deborah Cameron some months ago. She appeared on the Stateline footage in tandem with head of planning Sam Haddad. Recently we wrote to SMH journo Kate Mclymont about Haddad meeting a developer father and son team in about 2000 with their senior counsel in tow (a senior figure in NSW institutions now). Developer then left the meeting stating “we have 2 green lights” which begs the question 'What open and transparent planning system?'
(b) Our other information about Haddad is that he presented in effect as a highly politicised instrument of the govt back in 2005 when he refused our FoI request in lead up to the September 2005 byelection of Carmel Tebbutt from Upper to Lower House seat in Marrickville. We wanted the Commission of Inquiry report relating to Port Botany economic drivers for the infamous $5B truck tunnel Port Botany to M4 East ….through Marrickville involving smog stacks ….completed some months before by respected Commissioner Kevin Cleland. Then Planning Minister Frank Sartor then released the report three weeks after the vote to announce an expansion of Port Botany prefaces smog stacks in Marrickville. The Dept even effectively refused to release their 'refusal of the FoI' letter in a timely way. They appeared to us very much to be running the clock down to only 5 days before the byelection. We complained bitterly and even stamped our feet in the foyer of their city office. We blogged about the curious adjustment of dates on the refusal letter signed by Haddad here:
Thursday, 21 February 2008 Dept of Planning DG Sam Haddad politicised in Marrickville by-election 2005? Mood: sharp Topic: nsw govtAt http://www.sydneyalternativemedia.com/blog/index.blog/1790631/dept-of-planning-dg-sam-haddad-politicised-in-marrickville-byelection-2005/
and notice image here:
Marrickville byelection: State ALP suppress Cleland Report into Port expansion Posted September 10th, 2005 at http://sydney.indymedia.org.au/node/21107
And up to 2007 here:
Picture above and more below: Community rally at Botany Bay Beach off Foreshore Rd, Botany Saturday 3rd March, against expansion of Port Botany guaranteed to increase toxic transport congestion in most of southern metropolitan Sydney. Shade was a premium under the burning late summer day.
Other images of environmental campaigning here: Marrickville by-election photo gallery 9/05 and more background here Botany Bay heritage
5. It’s mayoral election season in NSW and the ALP beat up of Waverley Liberal Mayor chubby Sally Betts over car parking fees is underway. People forget that the parking fees regime was rolled out under Labor Mayor now local state MP Paul Pearce, with help of loyal Kim Anson now GM at Marrickville Council but at that time a departmental director at Waverley late 90ies. Even back then it was a clichéd political attack over so called westies versus easties. But late 90ies it was ALP Right at state level ‘friendly fire’ against ALP Left controllers of Waverley Council over planning powers for Bondi Junction (read Keating backing Lowy expansion of Westfield there). We don’t vote Liberal but as Bondi Ward Councillor 1995-99 we know the federal and state govts have been absolutely derelict in funding tourism impacts at Bondi and gouging local ratepayers. In short the political attack on current mayor or any of Waverly is dirty hypocrisy.
6. The Opposition are ‘revolting’ according to this image lifted off question time in Federal Parliament mid last week (and yes you read that right "question time" despite a division being called as a protest by the Opposition regarding a minister no longer be heard.
10 Meet the Press: 8- 8-30 am
First guest is Infrastructure Minister Albanese. Mostly boilerplate and opportunistic splitting of Opposition.
Compere Bonge tackles Albo about ALP lack of talent to appoint Nelson to Nato diplomacy.
Panel Fran Kelly ABC RN, Glenn Milne News Corp Sunday Telegraph.
Second guest is former Opposition leader Nelson in cosy Govt job
Panel rightly target Nelson on internal inconsistency regarding climate policy [but perhaps reinforcing the truth of the ALP falsity on any real reduction in emissions here and pro coal generation and export donors both union and business]
Meet The Press - Watch Political Video Online - Channel TEN.
Riley Diary 7, from 8.40am
Very funny Gene Wilder Frankenstein visual metaphors (and over acting) re alleged Work Choices resurrection, dismissed by Riley as opportunistic but reinforcing the damaging beat up by ALP on opposition leader Turnbull ruling it dead on YouTube.
http://www.seven.com.au/sunrise/weekend
9 Sunday newshour Laurie Oakes interview 8.44 am
Foreign Minister Stephen Smith mostly sidelined by funny Riley Diary. Mostly boilerplate.
http://news.ninemsn.com.au/oakes
Insiders 2: 9- 10am
Riley Diary style intro featuring Gillard, and expulsion of Tony Abbott and other question time hysteria.
Cross to Lisa Miller in US re PM visit to New York/UN.
Panel is Schubert Fairfax Age, Coorey Fairfax SMH, Toohey Fairfax AFR.
Minchin re Telstra break up policy. Guest is Lindsay Tanner, former shadow minister.
Women in politics vox pop.
Toohey goes hard on Nelson inconsistency, lack of credibility. Coorey agrees Nelson has no credibility. Paul Kelly agrees Nelson is now property of PM Kevin Rudd. Toohey scathing of Nelson not believing in ALP govt policy on climate.
http://www.abc.net.au/insiders
Inside Business with Alan Kohler
Fallout of structural separation of Telstra so called ‘choice’ ultimatum to Telstra by federal govt with interview with Minister Stephen Conroy, morphs into discussion of CEO remuneration need to hypothecate to performance.
Refer http://www.abc.net.au/insidebusiness/
* refer fictional ‘Furian’ sci fi movie character Riddick – a uniquely lethal night vision specialist.
** reference to PM Rudd’s similar tired, serious expression during parade of People’s Republic of China troops with their Premier. Soon after the Australian Govt Defence White paper was released and surprised many including the PRC by taking a harsh line on China threats to security in the 21C. It’s PM Rudd’s ‘I am seriously worried so look out’ expression.
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. Perhaps the greatest utility is the headline synthesis above of the 3 or 4 shows followed in this session.
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.
Other sources of pollie talkies on Sunday include SkyNews paytv Sunday Agenda, Radio National Monica Attard Sunday Profile show. And of course Sunday night shows SBS Dateline, Sixty Minutes and now Sunday Tonight on 7.
Media backgrounders.
1. NSW Govt moves to sell of energy retailers reminds of the origins of the whole saga in 1996 – Bob Carr copying Howard’s $1B NHT in a greenwash steer through of the sale of Telstra worth how much ($50B?) In Carr’s case it was the $25B NSW energy generators and lines and retailers, with a $450M green fund. Who knows this may have been to pay out the woodchippers at Eden and get rid of them Do the Greens who trenchantly opposed that sale on the principle that climate policy is better handled within public ownership have a view about all this? It sure is a confusing morally speaking not least given the Carr led and ALP generally notorious self interest over public interest. Witness for instance consultant Keating barracking in 2007 for a mini sell off formula but listing maximum revenue figures. Apples and oranges Paul, called to account by Green MP John Kaye. Now all this is served up to new NSW environment and energy minister John Robertson, and Green MP cross benchers.
2. Paddy Manning continues to write up the real issues of business in a sustainable world hidden from the crowds in the back of the newspaper. In some ways more important than the former Eco section of the paper. And what ever happened to that? The greenie bashing following the Victorian bushfires, that’s what.
3. Lisa Carty in Sun Herald writes up Koperberg article today. How many florid metaphors this time? Is she the lightest feather weight state political reporter in the reptile park? Without Kerry Ann Walsh who will provide the gravitas the paper so badly needs? There we are first sentence “kamikaze” soon followed by “absolute hatred” “stuff up” “disastrous” “disenchantment”. Meanwhile big Phil probably, in reality, has a mild headache thinking about the next fire season? The story is an obvious reprise of the ALP Right friendly fire over his personal life over 20 years ago to blast him out of his Blue Mtns seat.
4. Is it us, or is Crikey’s expansion into multiple blog endeavours weakening the daily tealeaves of the ezine mailout contrary to the punchy name? And how is rival Punch going. Still haven’t bothered. Nor Twitted which surely is a Big Media conspiracy against web 2.0 credibility: A gotcha form of stupidity anathema to say wikipedia, or learned blogs.
5. Very amusing reality tv show star, the Asian dry cleaner guy now spruiking 30 second cleaner product via Bunnings tv advert. Complete with new teeth. A small business man ‘hero’.
6. Channel’s 7 and 9 are going head to head now at about 8.40 am Riley Diary versus Laurie Oakes respectively on Sunday mornings. Ouch. Oakes is a no show today.
7. Worth keeping in mind in the slow motion implosion that is the NSW Govt that the NSW Left ALP are on a personal level a mirror of the ALP Right. Quite vicious and ruthless in a whatever it takes sort of way with highly flexible handle on reality. That’s what hatred does in a family – clones of slightly different flavour.
8. Latest NSW Govt reshuffle related email corro:
----- Original Message -----Sent: Saturday, September 12, 2009 2:10 PMSubject: [] metro v RARA* land, Work Choices lens, Lee is da Woman, what Simon did next ...Re: [chipstop] John Robertson minister for environment and energy* Rural & regional areas.True enough re Currawong, but that was also related to funding the ouster of Howard on Work Choices which was an even bigger deal for the unions. So one might like to read that down regarding regional rural chipstop agenda. It's not the same as the blessed northern suburbs of metro Sydney hung up on their amenity issues (!?). (feel free to argue against).Lee Rhiannon's office will be even more crucial now in relations with the ALP given her union antecedents, but that will probably be better too than Jeff Angel as the interface with the ALP Right delivering us many horrors (lets start with land 'bribe'/swap conceptual framework Jeff blessed in 1997 - Brigalow Belt South deal with farmers/WWF(Jamie Piddock) resulting eventually in Catherine Hill 2009). Indeed Jeff would know the road to hell is paved with good intentions.Note also FoE Sydney and Greens played a very strong role in preventing energy privatisation in 1997 - stay tuned for a historical brief on that via link to SAM blog, and Greens again in 2007. These were main platforms for Robertson policy speaking. He will be about public intervention for green collar jobs and the joke that is CCS (as per 4 corners last week - excellent show).As to Part 3A analysis Tim Robertson on Stateline last night was confirmation of my view years now, that the 1979 L&E Act is broken - he said 'back to 1965' Askin era. Significant because (a) Tim is an SC barrister, (b) Labor Lawyer's group (c) NEFA legal strike in famous Chaelundi/Corkill legal victory 1991 re need for State Forests to do EIS's under the same Act (d) he is feeling brave enough to go public including via from his developer client's AND public interest group clients. (There is a first cab rank rule for barristers to not refuse clients which may explain some things.)But Tim told me about 10 years back in his office once he doesn't believe in wilderness, rather refugia old growth with critters there to recolonise disturbed sustainably logged areas. Trouble is he is ignorant about island biogeography/edge effects because unlike moi he doesn't have a zoology degree to speak on such matters: If Wilderness as an ecological concept didn't exist it would have to be invented. Refugia is too limited a design framework. But he means well and is generally sincere. He was instrumental in Carr pre 1995 forest policy approach IMHO.So much for theory and practice.....The other interesting revelation is reference by Lincoln Hall in his mountaineering story in the SMH today to one Geof Bartram (?) 1983-4 expedition to Everest with a journalist .... Simon Baulderstone. SB was ex minder staffer of Peter Garrett for the ALP in recent years 2004 onwards, and known recently to defend PG zeolously in the comment strings of crikey (where I outed him!).Just saying ...Yours truly, etc----- Original Message -----Sent: Friday, September 11, 2009 5:46 PMSubject: Re: [] John Robertson minister for environment and energyhi allit seems that Minister for Health is somewhat unhealthyjohn robertson is poisonously disliked by many left leaning ALP members and conservationoists for his heavy handed tactics in pushing on (after Michael Decosta - remember him?) with the fire sale of the wonderful Pittwater foreshore property 'Currawong", an ALP retreat and holdiday resort for its rank and file members,and much used by teachers, nurses and local government employees at all levels, for sale to ALP mates/property developers who are part of the Bondi Beach Whiteshoe Brigade.He is now core ALP right - an apparent disaster for us BUT he needs to be formally approached abouit his views on forests and biomas/biofuels/woodchipping calamities.regardsSent: Friday, September 11, 2009 5:18 PMSubject: [] John Robertson minister for environment and energyInfo.
"John Robertson will pick up Ms Tebbutt's former environment portfolio, as well as continue as the Minister for Prisons. He will also pick up energy from Mr Macdonald."
Robertson defied the unions on privatisation of prison services, but I think it is most unlikely he would do anything the CFMEU didn't like.
http://www.smh.com.au/national/kelly-dumped-as-police-minister-20090911-fk8z.html
Tony Kelly has been dumped as the NSW Police Minister after criticism that he mishandled a police pay dispute and was devoting more time to campaigning for a leadership challenge.
Ian Macdonald loses his energy portfolio, but remains Minister for Primary Industries.
Premier Nathan Rees announced a cabinet reshuffle this afternoon after John Della Bosca quit the cabinet over an affair. Mr Rees said the reshuffle was about loyalty and discipline, indicating that he had punished Mr Kelly and Mr Macdonald for working behind the scenes against him.
The NSW Deputy Premier, Carmel Tebbutt, has taken over as the state's new Health Minister.
Ms Tebbutt, from the Labor Left, has been the environment minister for the past year.
Michael Daley will become the new Minister for Police.
John Robertson will pick up Ms Tebbutt's former environment portfolio, as well as continue as the Minister for Prisons. He will also pick up energy from Mr Macdonald.
The Minister for Transport David Campbell picks up Mr Daley's Roads portfolio. Mr Campbell will be assisted by David Borger, who will continue as Minister for Housing.
Mr Della Bosca quit the ministry last week after admitting to the affair with 26-year-old Kate Neill.
Ms Tebbutt has previously served as the minister for education, from 2005 to 2007, before she resigned from the frontbench to spend more time with her young son.
The Marrickville MP is married to federal Infrastructure Minister Anthony Albanese.
She agreed to return to the frontbench when Nathan Rees became Premier but has held a relatively minor portfolio.
Three recent former health ministers have become political casualties, with two quitting Parliament and one now relegated to the back bench.
Former premier Morris Iemma was health minister in 2005, followed by Attorney-General John Hatzistergos in 2006/07, Reba Meagher in 2007/08 and Mr Della Bosca took on the job a year ago. Mr Hatzistergos took over the portfolio for about a week after Mr Della Bosca resigned.
Andrew Clennell is the Herald’s State Political Editor.
- with AAP
10 Meet the Press: 8- 8-30 am
Lead in on economic credentials of Oppositions leader with Govt’s Emerson trying his Peter Costello style theatrics (complete with mock Garrett arm waving, and florid phraseology).
Guest is Steven Smith on G20 re Hockey sledge it’s going centre left. Smith indulges more sledging of Hockey. Move on to Balibo 5 relations with Indonesia. PB as compere chases the filibuster answer sharply which is good. Senior politician alleged suspect footage shown.
1st out take is Albanese sledge of Turnbull side stepping Fielding’s pressure moment doorstop fiscal, physical stuff up. Nice on many levels given Albo was being smeared last week re Badgerys creek land deal, shows Fielding as the flake he is, and of course dumping on Opposition leader ALP corporate self interest.
Mid show section re Afghanistan rorted election. Smith finally makes the point re Sept 11 anniversary. Sri Lanka ejects child rights campaigning Australian working for UN. What is Australia doing about it? Good one Bonge.
Out take is cartoon at expense of Turnbull re Fielding learning difficulty.
Last section of show Rudd footage of history wars. Tony Roberts history of govt slaughters in NT under South Australian Govt semi official policy. Outstanding testimony of psycho sadistic murder of Black Australians.
Meet The Press - Watch Political Video Online - Channel TEN.
Riley Diary 7, from 8.40am
Fielding special satire, man under pressure and flaking badly.Albanese sledge rerun. Heart to heart about learning difficulty with Mark Riley. 29/100 HSC. Struggled back with higher degrees. Riley gives him a vote of support for being “fair dinkum”. Riley agrees with view above re Emerson going OTT with Costello style theatrics.
http://www.seven.com.au/sunrise/weekend
9 Sunday newshour Laurie Oakes interview 8.44 am
“Given the week off”. That’s flippant.
http://news.ninemsn.com.au/oakes
Insiders 2: 9- 10am
Riley Diary style package on economics, Fielding, Emerson, Greens Brown fiscal responsibility. Albanese sledge 3 times today now. Abbott madness about “shit eating grin”. Gomer Pyle impersonations. [All about twitter and Sienfeldisation of public forums in a race to ecological dysfunction]
Panel Lenore Taylor News Corp all in white but not her employer (!), Glen Milne re policy of Work Choices,
David Marr “
Rudd grab off 7.30 Report – he’s got that earnest look like when he was paraded in front of PRC crack troops on parade. It’s the tell, re double dissolution on health funding of $2B. Guest is Minister Roxon rolling out the policy and rhetoric on health portfolio (got distracted from the mousy one).
Vox pop is woodchop with Foster etc re Fielding stuff up and pollie perks, and senator gets off light in his heartland demographic.
Debate follows re double dissolution prospects re health issue. [re read tell on Rudd furrowed brow and earnest tone]
Legacy debate over economics reform. Taylor says it’s painfull and tedious, and also patronizing [my words – and she is so right – what pollies do, jaw boning as the ecological wheels fall off in lead up to Copenhagen climate talks?].
http://www.abc.net.au/insiders
Inside Business with Alan Kohler
Refer http://www.abc.net.au/insidebusiness/
sharp
Picture: Approach to Tinda sandmine quarry on Putty/Singleton Rd with Yengo NP in the Blue Mtns World Heritage area in the background. Tailings ponds are out of sight behind the cyclone sand washing plant in foreground. The site is an inholding surrounded by national park including Wollemi NP to the west. The mine itself is on what used to be headwaters of Tinda creek.
SAM wrote of this controversial sandmine previously here:
Friday, 28 August 2009Sandminer dupes Environment Court for approval to 2021 within world heritage precinct?
Mood:
Topic: local news
There we detail misleading and deceptive evidence by the sandminer expert Peter Jamieson regarding size of extraction exceeding the approval plan area.
Similarly the mine is opposed by peak green groups The Wilderness Society, National Parks Association, Blue Mtns Conservation Society, and Colong Foundation for Wilderness.
Although the mine is now extended and approved by the Land & Environment Court's Commissioner Brown recently it's been a rocky road for Birdon Pty Ltd as sandminer, and Hawkesbury City Council as regulator, in the world heritage area precinct: In the last year or so the opponents have noted:
The LEC has not seen fit to web publish the verbal decision handed down by Commissioner Brown at 3pm 18th August 2009 witnessed by this writer and objectors.
Here is an earlier procedural contest which was lost by council and sandminer in favour of the non party objectors presided over by Biscoe J which has been published:
Birdon Contracting Pty Ltd v Hawkesbury City Council [2009] NSWLEC 143 (10 August 2009)
It has been suggested to us that because the final outcome before C'er Brown is 'an order by consent of the parties', there is no judgement to be published. However a decision by C'er Brown was in fact delivered verbally on 18th August 2009 cross referencing the evidence and legal submissions of the objectors. Indeed council and sandminer were unusually cooperative in this legal 'contest' so there was not much to decide there.
As indicated above wrong evidence was submitted to the C'er in making his decision. Cynics have suggested Council was not vigorous in pursuing the large number of blatant non compliances over 13 years by this sandminer.
Today SAM can reveal that the NSW Land & Environment Court presided over by Commissioner Brown in this part of the proceedings was also provided with the wrong Environmental Impact Statement. We have been told by a senior barrister that providing the wrong EIS 'will have serious consequences' for those involved.
Here is a picture of the redundant May 1995 EIS, next to the operative November 1995 EIS:
We are advised that the correct EIS may also have been removed from council's own file.
SAM as legal agent for objectors Messrs Diamond and Sneddon has inspected the the court exhibits including court bundle of documents from the parties being Birdon Pty Ltd (owned by Tom Bruce, represented by Russel Byrnes solicitor, John Webster barrister) and Hawkesbury City Council (represented by solicitor Stephen Griffiths, instructed by Chief Planner Matthew Owens).
The only EIS in court exhibits is "May 1995" - the incorrect EIS. We have written to council's lawyers on this very point previously. Why does it matter?
Here below at right (compare old EIS at left) for instance is the correct EIS requirement at p23 for
"In addition, a series of bores will be installed to monitor groundwater behaviour."
This requirmement for monitoring bores has the force of a consent condition as indicated in the picture below at the pink underline:
An issue in the recent LEC merits hearing raised by objectors was whether under clause 36, schedule 3, part 2 of the Environmental Planning & Assessment Regulation 2000, there have been sufficient non compliances to require a new EIS in 2009. We said there was failure to implement for 13 years the monitoring bores required by the EIS and the Nov EIS is critical to that claim, withheld from the LEC.
Indeed the monitoring bores were also the subject of a court order in 2005 via a consultant recommendations (see clause 4d "EcoWise" below) but still never implemented. Both that court order and the EcoWise report were excluded from the court bundle provided to the Commissioner, presumably to further mask the incredible non compliances in this case.
Here are the recommendations of the mystery Ecowise(Golder) report referenced in the 2005 LEC order requiring (again like the 1995 EIS) for the groundwater monitoring bores to be implemented, also exluded from the court bundle until the objectors submitted the documents:
Indeed the expert for sandminer Birdon (an engineer Peter Jamieson) was able to argue his water modelling was authoritive in the absence of such baseline monitoring bore data. Jamieson was contradicted by an expert hydrologist proper, Chris Jewell employed by Council. Jewell lamented the lack of monitoring bore data in his July 2007 report. But the council declined to pursue any cross examination of the water modelling report for the sandminer.
There are other irregularities in this environment case: A critical governmet memo (by DLWC) as to Tinda Ck falling within protections of the now defunct Rivers & Foreshores Protection Act is missing the critical 2nd page in the court bundle (at page 132):
Here is that memo in full and note 2nd page stating the Rivers & Foreshores Protection Act (now repealed) did apply to Tinda Ck:
Is this a fix being run through the LEC by a bogus 'order by consent'? Certainly we think the Chief Judge Brian Preston at the LEC who literally wrote the book on "Environmental Litigation" should be briefed on the irregularities in this case all at the expense of Tinda Ck. And so should the Dept of Environment as well as the Dept of Mines.
Stay tuned for the next installment in the Tinda Ck series of stories: When did approved plans become optional extras? When the sandminer says they are 'confusing'!?
