Topic: local news
2. To note the Objector is represented pro bono by his agent Tom McLoughlin currently an applicant to the NSW Law Society for sole practitioner status. A resume of the agent is attached to the Ojector’s affidavit filed in the court with this motion.
3. To note the Objector has filed with this notice of motion an affidavit with evidence of distinctive issues to be addressed, policy concerns regarding justice and public interest, to support this application.
4. To note the Objector relies inter alia on precedents provided to us by the principal of the Environmental Defenders Office namely:
· Kavia Holdings Pty Ltd v Sydney City Council  NSWLEC 195
· Pro-Vision Developments Pty Ltd v Ku-Ring-Gai Municipal Council  NSWLEC 226 case
· Deancliff Developments Pty Ltd v Hornsby Shire Council  NSWLEC 769
· Mahogany Ridge Developments Pty Ltd v Port Stephens Council  NSWLEC 555
· Meriton Apartments Pty Ltd v Fairfield City Council (no.2)  NSWLEC 121
6. That the Objector be heard at a later date on costs of the court appointed expert Anthony Lane (CAE) on the basis that Gosford City Council have previously consented to pay the community’s share of such costs in previous related proceedings on this same development and are likely to do so again. Other considerations will also be submitted including that the court can properly exercise it’s discretion not to award costs in public interest cases.
7. That each party and the Objector/party pay its own costs in relation to this notice of motion.
Tom McLoughlin, agent for the Objector/Neville Diamond.
David Kettle, C/- Yvonne McKay, Coca Cola Amatil (Aust) Pty. Limited, 71 Circular Quay East, Sydney NSW 2000
:Gosford City Council, via P. J. Donnellan & Co, Solicitors 91-99 Mann St GOSFORD NSW 2250 DX 7206 GOSFORD tel. 4324 3988, 4323 1623, by their city agents: Wiltshire Webb 379 Kent St SYDNEY NSW 2000, DX 13027 Syd Market St Tel. 9299 3311
The Objector Neville Diamond’s address for service via his agent:
C/- Tom McLoughlin, Ecology Action Sydney
Dated 13th June 2008
For the affidavit of evidence (but not including the 151 pages of 40 annexures supporting the application) go here
Author’s general introductory note (skip this bit if you know this regular weekly column):
This is not a well packaged story. It’s a contemporaneous traverse of the Sunday television free to air political talkies indicating the agenda of Establishment interests: Better to know ones rivals and allies in Big Politics and Big Media.
Indeed it’s the tv version monitoring task similar to what Nelson Mandela refers to here in his book Long Walk to Freedom (1994, Abacus) written in Robben Island prison (where he was meant to die like other African resister chiefs of history in the 19C), at page 208
“..newspapers are only a shadow of reality; their information is important to a freedom fighter not because it reveals the truth, but because it discloses the biases and perceptions of both those who produce the paper and those who read it.”
Just substitute ‘Sunday tv political talkie shows’ for "newspapers" in the quote above.
For actual transcripts go to web sites quoted below except with Riley Diary on 7. And note transcripts don’t really give you the image content value.
- Charming Annabel Crabb smh seems to have a biological clock ticking with her albeit accurate themes of voyeurism by Rudd ‘likes to [fuel] watch’ etc, and then the literary content of orgasmic Nelson and Rudd. Very clever writer.
- Rudd trumps fuel politics with formal exit from Iraq combat role early in week.And maybe SAM here pointing out that Fuelwatch is like highly successful cyber pressure group Get Up, and not so stupid as regards political economy. Also how Nelson can sustain his hypocratic oath we just don't know eg do no harm.
- ex PM #1 and #2 Hawke and Keating who are both likely interested in the yellow cake export agenda along with Martin Ferguson as energy minister, don't want Rudd to get too involved as an anti nuclear type Prime Minister?:
Australia could lead safe path to nuclear, Jonathan Pearlman, Foreign Affairs Correspondent
April 10, 2008
Bob Hawke might be back to celebrate saving of the Franklin River in 1983, 25 year anniversary but he got his nickname Yellowcake Bob for a reason. He was advocating an international dump called Pangea for Australia not so long ago too.
- We at SAM urged the federal govt Garrett and PM Rudd to approach the whaling issue between major trading partners as a western diplomatic issue sourced ... to use of nuclear bombs in WW2 on Japan. Yes we know there is no great logic or rationality to on the one hand whaling and on the other nuclear disarmament.
But we see Japanese stubborness as their way of expressing their psychological pain over the western arrogance of nuclear weaponry causing mass mortality compared to mere whales. If so sensitive to animals why not the great suffering of the Japanese people. It's a dysfunctional spiral of emotional violence. So going to the peace shrine at Hiroshima is exactly the right place to start for PM Rudd:
Sunday, 23 December 2007Cruel 'scientific' whaling today, cruel nuclear bomb science 1945
We already suspected the ALP federally were backing off the anti whaling agenda in favour of trade relations when we read a change of tone in The Australian business friendly press months back though we are having trouble locating the exact article that was the pivot. Certainly the Coalition's Greg Hunt is alive to the ALP go slow in favour of broader trade and security agendas. Here is more on security here from the dusty files:
Wednesday Dec 19 20:09 AEDT
- Lots of obsessing of Obama/Hillary contest genuinely historic time, and real life versions of great West Wing series (so very educational and quite realistic).
And arguably the reason Hillary was beaten, and also why she was such a strong candidate for just surviving the marriage?:
- Public angst over Rudd overworking tinged with a deal of affection it seems from the electorate not to hurt himself. Cynical tabloids try and poison those friendly cautions - indeed Sydney Daily Telegraph is showing signs of feralness which makes for interesting press and a tone of fear and loathing.
- We speculate Della Bosca and wife are getting the famous ALP ' friendly fire' for opposing outright privatisation - always the emotional violence not the substance of the policy, as per front page Sunday Telegraph. Or maybe it's straight out News Corp unfriendly potentially lethal fire like their Young Labor Animals story early in the week. Most significantly Phil Koperberg is at the table dealing on power privatisation as per SMH Saturday.
John Robertson as chief of Unions NSW made the point months back that this dispute over public energy was going to get ugly: Notice this collage suggesting quite a subtext of parallel public energy privatisation agenda running off the rails in the press over the weekend, with Iemma and Costa's job probably going with it, but in the short term its all about heat on Della to do him over as an opponent, as per Monday press 9 June 2008:
- How could Hillary Clinton get into the NSW political pond? Well various players are revealing their biases by promoting a spoof YouTube of Della above in the role of Hitler's infamous soliliquy in the quality movie Downfallen (we can't bring ourselves to watch yet). The spoof puts Della in the role of the beaten raging Hitler. Another in answer puts Iemma raging against the ALP party rivals. But both are a takeoff of Hillary put in the Hitler role raging against Obama (as reported in crikey.com.au here 9 May ) for winning the Democrat nomination. In other words the NSW party hacks are just that, ripping off an original joke. The Hillary version seems to have disappeared off the net - now that's power:
Indeed the link was here http://youtube.com/watch?v=B6Lstkiexhc as described here http://www.freerepublic.com/focus/f-news/2014176/posts such that we get this deletion off YouTube, but it was Hillary first long before Della or Iemma:
- As for the Sydney Daily Telegraph here's another front cover for the sexism file, not very credible in a newspaper to put a model in sexy black bra on her back on the front page suggestive of horizontal folk dancing while trying to take the high moral ground on Della Bosca and wife:
- huge coverage of top cop Standen arrested for high level drug importation with Ch9 running a story last night tv news that he had access to all ASIO work against terrorism threats in Australia.
We wonder about his girlfriend moving to ICAC, to avoid scandal in the NSW Crime Commission for dating the most senior guy in the office while married. In particular we remember this about Chief Commissioner Cripps to Cr Gigliotti once for now infamous Wollongong Council. He got quite tetchy about Cr Gig really believing that standover crim Younan really was from ICAC. That is the 'lie' that ICAC was dirty could be so plausible as to pay hundreds and thousands in blackmail. The bare possibility of infiltration by traitors would make CJ Cripps annoyed. Then there was this only a week or so prior in the big press putting a corrupt Joe Scimone in the same office with an ICAC investigator at the
- As if to retrieve the reputation of law enforcement in Australia and get the public focus on the really really bad guys, huge coverage of Australian Federal Police raids/arrests of relatively large number (70) of child porn users and possibly abusers to make those images. Fairly gut wretching social dysfunction, affects all segments of society apparently. One story says these abusers are hard wired from adolescence. Grim stuff. Qld police challenge Keelty as chief of AFP over timing cruelling their own investigations? Talk about in fighting.
9 Sunday 7.30 – 9.30 am
Long weekenditis – missed the first 40 mintues, usually fluffy, Ross’s tax tip, web shows a feature on fuel costs with Virgin airways guy – would have been good – article about down dip in KSA airport patronage is the big news, change in cost of airflight, maybe noise politics.
Novelty story about throat singing, probably very good, missed it (sadly music language of the soul).
Buy in after 8 am rose coloured view of the grunt soldier – compare great movie Jarhead as above for the real thing, or Rampage film about Brown Sub Miami hood for the class role of the war (by George Gittoes, haven't seen but looks a must), a follow up to Soundtrack to War. Especially the road from Baghdad 1991 a cemetery of civilian burnt out cars trying to escape mass murder via Saddam miliarism or USA bombers. Those poor innocent people.
Report by Ellen on story behind the story of Nixon with David Frost with war critic researcher, and play of the media work behind, Jim Reston. Essentially a voyeuristic journey for parasites on power in the 4th estate. Reston does his best to reveal the strings on the choreography. As if a presidential humbling makes up for millions of deaths.
Some resolution with praise of masterly Frost (finally) after some 15 hours of taping to get him. Like Nixon on the couch. Ellen interviews Frost reprising her SBS doco Fine Line (or something like that). Really good feature story.
Ellen does the Oakes segment, who still appears in his column in the Daily Telegraph – this is a real change one thinks. Unless he appears after 9 and I miss them 2 weeks now.
Fullilove from Lowy Institute from USA has the conch on USA election – (great interview with abc radio current affairs (?) show recently too).
Tuned out a bit on the chat.
Full grab on Greg Hunt stunt takes focus of stupid Jason Wood, and does it well. The man has got real talent. Like him a lot. Panel impressed.
10 Meet the Press: 8- 8-30 am
PM Rudd is talent from 8.10 missed the first 10 minutes.
Caught laboured response to why gone soft on whaling as per Paul Bongiorno in Canberra sit down. Was a signal to the wise in The Australian about 2 or 3 months back we spotted ditching the green agenda for trade imperatives with Japan, mixed messages punters in tabloids versus big business. Sneaky Rudd govt?
Might have been tech issues with the cross but Ruddbot was on display, showing extra slept.
“after the dinner break” hopeless read by an MP, maybe missing his glasses.
Leak on slave driver Rudd in out take.
Rudd on US presidential nominations. Safe bat
Riley Diary 7, 8.35 amRiley diary features Jason Wood Liberals with organism/organism stuff up. Get’s a free mitigation card via self deprecating humour. Probably fatal stuff up. Quite possibly drunk when he spoke. The Liberal answer to Mark Latham? Might be the balancer to Young Labor “animals” drinks story in News Corp tabloids early this week.
Insiders 2: 9- 10am
Busy last week missed Garrett beat up in big media on World Env Day. Cassidy leads with that. Essentially the vindication of Green thesis Garrett as green branding on brown ALP.
Footage of skydiving interview of Greg Hunt on solar. Classic opposition stunt work literally. He’s clever and courageous to have a go.
Cross to Hilary concession speech throws her full support behind Barry Obama. Most think not VP.
Footage of Rudd on Rove re Barry Obama. Dennis Atkins Courier. Kerry Anne Walsh reptile from SunHerald Fairfax. Front pager blowtorch on Della Bosca with Akerman waxing lyrical with cooperation of Cassidy. Hopeless lack of contextualizing over electricity privitisation stock standard blowtorch friendly fire as Iemma literally fights for his premiership. True enough that both Neale and Della have many rough edges. As seen by her read of a question in federal parliament.
Cross back to MTP re visit Rudd vision policy for Asia. Longish grab.
Interview with Julie Bishop. Unforgiveable treatment of Japan she says – hypocritical boosting by her of whales issue while saying should promote trade. Also Japanese PM was shaky on the way out first several months.
Nothing to say of great significance given the numbers? Presents as very sharp but also like an SS officer in drag. Extremely ruthless in style, ice maiden, persona. Very ideological out of the Howard ideology of the market, leavened with self interest.
Does get her point in about alcopops as a tax measure not health – see our story about News Corp big business adverts dependence, Coalition doing work of alco drug pushers.
Bishop takes the sisters unity line across party lines. If not illegal here, not apply to aid dollar. That’s impressive about female emancipation.
Domestic violence approach by Plibersek versus Bishop, hopeless lack of challenge by Cassidy. Horrific murder of mother and daughter case in Sydney dumped off Echo point. How did it come to this. Plib is right to dig into this. Cassidy let bishop off, folding to tabloid blowtorch on Plib.
Gets it wrong on McCain “easily” beating field of credible candidates, actually he had some near death experiences along the way. Sidesteps Howardism attack on Barry Obama (the hybrid vigour candidate).
Everyperson segment – art lovers, guy with tremour very articulate, interesting choice of society, middle aged older folks.
Panel discussion to see Kerry mind at work for first time on panel. Very experienced. Atkins ASEAN, East Asian forums. Rudd has a habit announcing of what he wants then goes ahead with the meeting. KAW waffles a bit but confident with it. Appealing presence I would say for tv actually in this setting, chuckling natural.
Paul Kelly soliloquy. Asian vision nay saying issues. Presented in most confusing way. Dick Woolcott only hours before approached to do this. Pictures of Rudd and Rein, both looking their dumpy selves, long shot top of airline steps which doesn’t quite flatter re girth.
World Env Day PM speech on car industry. Extremely contentious idea green car industry. Next generation fuel efficient cars. Dismissive of warnings of Prod Comm warnings. Very powerful signals and Rudd will be fighting for these signals.
Grab from Ruddbot again MTP 10. Consensus Rudd has credibility gap (my words) on overworking of public service. Losing judgement though caffeine, overwork
KAW is doing well at this level, sceptical of Piers, some strong points. Bring her back. She is visual chaos with a brain, reasonable speaking poise and voice, a human kaleidoscope on tv, good talent. No nerves. Cassidy warms to her contributions.
[here’s the drill, quit all alcohol, and then quit coffee which is the complementary drug of impact, and relax into the work, with wit and grace]
Jason Wood embarrassment gets the run after all. The 3 second theatrical pause (shortened from 7 seconds for tv) to let the hilarity speak for itself, no egg beating. KAW gets the conch and handles deftly with appealing humour. All pretty light hearted, lucky for Jason Wood, 2nd chance material.
Home page is http://www.abc.net.au/insiders/
We had three public interest legal cases to assist with yesterday 6 June 2008 in the Sydney CBD - one as tutor to our ecology action volunteer Carol and her solicitor Pam Suttor. Another as agent for one veteran agitator on public interest issues Neville Diamond in the Coca Cola/Gosford Council water bottling case in the Land & Enviroment Court and thirdly searching out the subpoena procedures for a civil liberties case in the local court.
Also firming up the detail and process for application for sole practitioner status to continue providing pro bono legal advice after 2 years part time with little AAT Legal (and sundry other legal experience). All this keeping us off our regular mico news blog work yesterday. The previous day was testing and interview for legal temping work, another next Tuesday with a big law firm who can use our 57 words per minutes in an admin role.
But even with these challenges we felt a big twinge of sympathy for this public bus driver and his "NOT IN SERVICE". There he was with yellow flashing lights looking disconsolate, and obviously broken down stuck like the proverbial cork in the bottle corner of Market and George St at about 11.30 am. What a metaphor. It's all relative.
Then this guy just a bit further down in George St. Ouch.
We would like to think ANZ bank declined financing Gunns Ltd disastrous pulp mill that would devastate natural forests in Tasmania. But somehow we think CEO Mike Smith pictured above in Australian Financial Review May colour magazine has responded both to the cost of global debt at the present and the PR problems around Gunns Ltd to best focus on managing litigation over the crash of Opes Prime share trading business:
Opes Prime's crash, with ANZ as a priority creditor, has burnt alot of wealthy angry powerful people who are getting organised for a real fight. The "district officer" Mike Smith doesn't need Gunns as a PR millstone like this Get Up advert (as good as their word) in the Australian Financial Review yesterday June 3rd 2008:
One last comment about Mike Smith. He's experienced the sovereign risk of the Argentinian currency meltdown in 1999 onward (caused by leader Carlos Menem, with echoes of Paul Lennon?) in dramatic circumstances. It's quite a ripping yarn as per this reportage from The Standard press in Hong Kong:
Tempers flared and ordinary, yet enraged people took their household DIY hammers to the bank doors.
Buenos Aires was on the boil.
Hongkong and Shanghai Banking Corp chief executive Michael Smith remembers 1999 in Argentina, not the least for a bad experience.
I survive, he says, matter-of-factly.
At the time, he was CEO of the largest foreign bank in the country.
Amid the political tension in Buenos Aires, he says he became a target.
It was about seven years ago. I got ambushed on my way home one night and my car got shot at.
Smith had his own driver but he was off for the night, which was fortunate.
[If the driver was there] they would have gone straight for his gun and killed him and I would have left in the car without anywhere to go [and] they would have got me. I used my own car as a weapon and I smashed through them, says Smith.
But he was not unscathed. One bullet pierced through the car door penetrating his thigh.
Two years later, when the masses rallied and vented their anger against the countrys political class and the banking class, he was trapped in an HSBC branch, also in Buenos Aires. A mob waited outside.
But no one was hurt. It was amazing, he says.
Question time was a fairly relaxed affair with the government presenting some poise. In fact we rang Mr Rudd's media staff to note the penultimate posting about News Corp reliance on booze adverts. Indeed Rudd referred to the distillers special interest at one stage. But what caught our eye was this moment, a bit fudged on the webcast, where Rudd can't help chuckling (pardon the pun) at the reference to an oppositin question gibe "We know Julia [Gilliard, Deputy PM] cooked the hotdog". This was a reference to this page 3 story in the Sydney Daily Telegraph and presumably sister tabloids today:
4 June 2008 Rudd's daggy shaggy dog story
The mishap has already been linked to the NSW Govt allegedly lax enforcement of the food hygiene laws:
Iemma's food law made Rudd sick
Media Release: 4 June 2008
The Iemma government's food outlet hygiene laws failed to protect Prime Minister Kevin Rudd from buying a 'dodgy Dagwood dog' or a poisonous party pie and becoming ill early last month when visiting Sydney, according to Greens NSW MP John Kaye.
Dr Kaye said "If Food Minister Ian Macdonald had given this state world-standard 'name and shame' laws, Kevin Rudd would have been able to see the results of the last inspection of the eatery clearly displayed where he purchased the offending item.
"Because the Iemma government rolled over to the restaurant industry when the Food Act was amended in April of this year, the Prime Minister would not have been aware of how often the hot doggery or pie stand had been inspected.
"Under NSW laws, it is possible that the outlet had never been visited by an inspector.
"Even if it had, the results of the inspection would not be publicly available unless there was a penalty notice issued or the outlet was prosecuted.
"Kevin Rudd, along with thousands of other prepared food consumers in NSW each year, spent a very uncomfortable 24 hours because the Iemma government is denying this state the protection of proper 'name and shame' food laws.
"The Prime Minister was forced to play Russian roulette when he purchased his hot dog or party pie.
"Like too many other consumers, he lost and paid the price," Dr Kaye said.
One gets a perspective on the Sydney Daily Telegraph's, and to a lesser extent SMH, to federal ALP (and indeed NSW Police) policies to curb social dependence on alcohol.
Here is our count of full page adverts since 21 May 2008 in the Sydney press with maybe a few misses. We counted 17 full pager adverts in the SDT and 3 admittedly broadsheet size in the SMH [not including 2 more pages in the Telegraph today 4th June 08 before we saw our copy]
Notice the targetting of the Young Labor, and even more notably NSW Police Commissioner Scipione who is a teetotal (like this writer for a few years now).
Notice the attacks on the police in other directions over Cronulla riot and police bungle in a drug tragedy. Mmm.
Recently we also posted this which seems timely to repeat in full:
Wednesday, 7 May 2008News Ltd HQ in Sydney keeping afloat 10 pubs all within 500 metres?
Topic: big media
To get an understanding of the Sydney Daily Telegraph loyalty to the big alcohol industry one can look to their full page adverts, with a sample here:
Or one can notice articles like this:
Or one can read extracts of the Latham Diary about hard drinking news men with 'scores to settle' with loads of people.
Or one can simply take a little tour of the neighbourhood in which their multi-storey headquarters taking up a full city block is located. Which we did:
Which just left us to take the first picture above of a totally coincidental street frontage - a local fancy dress shop - also very close by. Quite a metaphor for the mask that News Ltd wears regarding legal drugs.
Margaret Pontifix is a retired local school teacher in agriculture and biology, and local authority figure and champion of Mangrove Mountain District Community Group Inc. "I'm not a greenie" she states firmly "but I am a conservationist. It's just terrible what's happened to the environment there." Here is Margaret talking to Jonathan Harley of 7.30 Report in 2005.
Margaret, who was a pioneer female teacher in her profession when she went through Newcastle University in 1959-61, told SAM 2 days back that up to the 1980ies the Peats Ridge creek(s) which emerged from the Peats Ridge Springs were clearly present and surrounded with natural vegetation but now it's a paddock while multiple bores are the source of "Peats Ridge Springs bottled water" marketed by both the former business owner and now Coca Cola since 2003.
In the 1980ies, as she told Commissioner Tim Moore in evidence in a controversial 2005 Land & Environment Court case involving Coca Cola, she used to collect under license 500 to 600 umbrella ferns (species name Collicoma) 3 times a year. In other words this was a very ecologically productive area with a permanent creek up until the early 1990ies. Now it's "a paddock" next to Euloo Rd, Peats Ridge now.
What a shame, and the price of progress some might say. Or maybe an improper price? Margaret Pontifix says all this ecological richness was documented 'in a big green ring binder' she took to the court hearing in 2005. She points out her forbears came to Mangrove Mountain in 1826 and the historical information in that folder is irreplaceable. Commissioner Tim Moore saw it's importance too and asked to borrow it to have a read before making his decision at David Kettle Consulting v Gosford City Council & Ors  NSWLEC 519 (29 September 2005) . But where is this critical historical and ecological baseline evidence of the rich environment that is now the Coca Cola bottled water plant?
This big Green Folder of baseline data and photographs might also have been critical in an earlier case --Azzopardi & Ors v Gosford City Council & Anor (No.2)  NSWLEC 283 (14 December 2001) which objectors lost involving claims of breach of the Rivers & Foreshores Improvement Act 1948. The RFIA has now been repealed and folded into the new Water Management Act 2000. It remains unclear to this writer how effective the new WMA is in protecting waterways.
The story gets murky. According to Margaret Pontifix the Land & Environment Court Registry returned the valuable Green Folder after the court decision in October 2005 to a representative of PJ Donnellan Solicitors who represented Gosford City Council in the case. It was 'to be returned to Margaret Pontifix'.
It was Gosford City Council lawyers who negotiated "consent conditions" agreeable to Coca Cola (in the name of their agent David Kettle) which was duly endorsed by the court.
We understand that since as early as 1992 Coca Cola was keen to extract water at Peats Ridge Springs near Gosford NSW. This is recored in MMDCG meeting minutes quoting a representative of Coca Cola visiting the area. But it was only by 2003 that they actually bought the bottling business there on Euloo Rd owned by the Pace family who initated water bottling in the early 90-ies. It remains unclear just how close the supply relationship between Pace/Parit Pty Ltd and Coca Cola Amatil/David Kettle Consulting has been from 1994 - 2003 but according to local residents it was always known that "Coca Cola would buy Pace's water bottling plant at Peats Ridge Springs".
This suggests that the Pace owned operation was a main supplier to Coca Cola for a long time prior to the latter buying Peats Ridge Springs in 2003. A cynic might suspect that Coca Cola Amatil have never been willing to destroy the Peats Ridge environment in their own name, but happy to via a proxy from 1994 to 2003, just as they prefer to run all their litigation today in the name of their agent "David Kettle". Why the PR secrecy Coca Cola? Why not stand up in your own corporate name? Is there a guilty conscience at play here for what you know has happened to the destroyed creeks and the rich ecology there?
The purchase of the Pace operation in 2003 itself was a little controversial as here:
[Media release ACCC 26 June 2003]ACCC not to oppose proposed acquisition of Peats Ridge by Coca-Cola Amatil
The Australian Competition and Consumer Commission will not oppose the proposed acquisition of Parit Pty Limited, trading as Peats Ridge, by Coca-Cola Amatil Limited, Acting ACCC Chairman, Mr Sitesh Bhojani, announced today.
Peats Ridge bottles and wholesales packaged water products under the brand names Peat Ridge Springs, Mount White and Blue Beau. Peats Ridge does not supply direct delivered, bulk bottled water and the overwhelming majority of Peats Ridge's sales of packaged water are to supermarkets and other food stores.
CCA bottles and wholesales packaged water nationally under the brands Mount Franklin, Kirks, Pump and Deep Spring.
"The ACCC conducted market enquiries and considered whether the proposed acquisition would lead to a substantial lessening of competition in the bottling and distribution of wholesale packaged water", Mr Bhojani said.
"The primary reason for the ACCC's conclusion that the proposed acquisition would not substantially lessen competition was the lack of significant sales by Peats Ridge to the highly concentrated route distribution channels. Route distribution includes convenience stores, milk bars, petrol stations, vending machines, and on-premise distribution such as restaurants, cafes, pubs, arenas and cinemas. "Accordingly, the ACCC decided to not intervene in the proposed acquisition.
"However, given the strength of CCA in the route distribution channels generally, the ACCC will closely examine any future proposals by CCA to acquire other beverage businesses".
- Mr Sitesh Bhojani, Acting Chairman, (02) 6243 1132
Release # MR 131/03
Issued: 26th June 2003
More here Amatil buys Peats Ridge Springs, stays silent on Neverfail, By Scott Rochfort, June 3 2003
Today we wrote to the lawyers for Gosford Council to request them to produce the missing Green Folder, the implication being that it will be raised as an issue in the new court proceedings as early as this Friday directions hearing 6th June 2008:
Sent: Wednesday, June 04, 2008 11:16 AMSubject: Coca Cola case - mystery of missing Green folder of baseline evidence Peats Ridge creek(s)Dear Robert,I will need to ask your firm, the council's solicitors to produce this mysterious green folder of historical and ecological baseline data relating to Peats Ridge creeks on the Coca Cola property (formerly Pace). If at all possible to the directions hearing on Friday. Margaret Pontifix advises me Registry at the LEC provided it to a representative of Donnelan's firm after the Tim Moore hearing and I have offered to help her search for it. Can you please advise.Here is some more background (see below) as published to the community and general readership earlier today. Readership for this SAM news website is about 25,000 per month.For your information Hermadth De Silva of Newcastle Dept of Water and Energy advised by phone yesterday that for the first time "a deterimination" for the percentage of water licences available for the next year would be made on 1st July 2008 in about 4 weeks time. Not sure if that means 100% or some smaller amount or whether that is surface and groundwater licence annual determination.Further I have been consulting the DOP over whether the original 2003 DA should really have had, or indeed legally needed to have, a full formal EIS. Would be interested in council's view or advice about that either through you or Alan Ford, as legal officer. It looks like an area fertile for specific express addition to Sch 3 of the 2000 regulation for designated development though it may well be in there implicitly as well?Further I will call you about the scope of the directions hearing this Friday. Hopefully later this afternoon.Very lastly, I note this story in the press yesterday on the now familiar theme, again about uncertain and variable rainfall patterns. This seems very relevant to "which" average rainfall numbers are relied on for Kulnura-Mangrove Mountain Water Sharing Plan and management generally including by Gosford Council water authority/department. That is last 10 years or the quite distinct 100 year averages.Yours truly, Tom McLoughlin agent for objector Diamond, researcher for Jane Azzopardi
Previous reportage on Coca Cola Amatil at Peats Ridge Springs here:
Sunday, 1 June 2008 Coca Cola Amatil bottled water legals: Ratepayers force reversal by Gosford Council so far
1 June 2008 Objecter seeks to be heard in Coca Cola bottled water case after driest May on record
Wednesday, 21 May 2008 Coca Cola in Environment Court on 6 June over Mangrove Mtn bottled water extraction
Is Michael Costa the dead man walking, a metaphor beloved of big politics referring to the great Sean Penn movie?
The willing headline on yesterday's News Corp tabloid raises a question about their corporate displeasure:
We include the SMH front page because it reveals some things too: News Corp tabloids to a newspaper all editorialised in favour of the invasion in March 2003, and on the day they could have reported exit from Iraq they went the bash on NSW ALP Treasurer instead. That's a pretty 'defense/offense Big Media attitude' given the exit from Iraq is in fact the real news priority not least the connection to increased oil prices from disruption in Iraq, as reported here on SAM via UK's The Independent (and notice Piers Akerman there).
Tuesday, 27 May 2008Iraq war has caused the petrol price rise in the West: UN oil expert
Mood: not sure
Topic: aust govt
Specifically Oil: A global crisis 25 May 2008
We contacted John Kaye MP (Greens) earlier today in light of his press release below on the upcoming NSW budget. The on the record conversation went like this:
SAM: In light of the front pager of the Telegraph yesterday [above] about Michael Costa being "a debt man walking", what do you say about the future of Costa and Premier Iemma if, and it's a big if, the public energy privatisation agenda falls over? And we should mention the feature profiling Carmel Tebbutt MP in the Herald recently [as potential leadership material, by State roundsman Clennell]
John Kaye MP: "We've said all along that that it would be an added bonus to end the career of Michael Costa. NSW can't afford a climate change sceptic, an attitude to the environment like robber barons of the 1890ies.
SAM: You are diplomatically avoiding reference to the Premier?
John Kaye MP: We don't hide the view Morris Iemma has made appalling mistakes showing he is not equal to complex and challenging times - desalination which has already gone ahead, Tillegra Dam near Dungog, and electricity privatisation.
Here is Kaye MP's media release today:
Sent: Tuesday, June 03, 2008 7:28 AMSubject: [Greens-Media] Costa's budget puts paid to privatisation assumptions
Costa's budget puts paid to privatisation assumptions
Media Release: 3 June 2008
NSW Treasurer Michael Costa's budget to be delivered this afternoon proves that the electricity industry sell-off is unnecessary and bad for the economy, according to Greens NSW MP John Kaye.
Commenting on the pre-release announcement of a $58 billion spend on infrastructure, Dr Kaye said: "The Iemma government's budget is based on the sensible idea that borrowing for infrastructure is a healthy investment in the state's future.
"It is time for the same logic to be applied to the electricity industry
"Treasurer Costa has belatedly joined the big borrowers brigade, recognising that the state needs to invest in transport, health and education to secure the economic future of NSW.
"Exactly the same argument can be applied to the state's energy system.
"Borrowing for investment in new clean energy supply capacity would not only help the state cope with increasing pressure on greenhouse gas emissions.
"It would also earn a healthy return, which would pay off the debt.
"There would be no effect on the state's credit rating.
"If Treasurer Costa could see beyond his ideological commitment to privatisation, he would understand that maintaining public ownership of the electricity industry would help ease the debt burden.
"The generators and retailers currently put $1.1 billion to the state's budget each year.
"That's a very healthy return on assets that are probably worth less than $7 billion on the open market," Dr Kaye said.
Comment (links to follow, maybe)
We have been stewing over this insight for about 3 days now - what is the real real politik of Fuelwatch? Small change in price of petrol effect. Small but significant polling pain for the federal ALP Rudd Govt as per News Corp press today. Largely irrelevant as to big ticket item of carbon pricing. Yet the Coalition are fighting tooth and nail against the plan - even raising shaky constitutional issues via MP Chris Pyne.
And accused by Ross Gittins of lacking strategic nouse, suggesting shallowness. But now I think I understand. Kev you are a clever chap.
Get Up was seed funding cyber activism from Evan Thorley MP (ALP) and others on a diverse but unity ticket of Anybody But John Howard. Get Up have kicked on post electin to become a huge progressive 250K subscriber/membership not so ALP aligned as such anymore, building another feisty raison detre 6 months into the new Govt. Acknowledging that earlier ALP influence is an important aspect of growing beyond that stereotype with open ness and honesty (Solomon on MTP 10 about a month ago).
Thorley himself came from the US IT sector avoiding the tech wreck of 2000-01: Cross fertilising Australian politics with the pioneering Demorat aligned George Soros funded MoveOn.org aimed at removal of George W Bush 4 years in 2004, as a balancer to Fox News right wing ranting in the Big Media.
So what is Fuelwatch if not an internet based mass engagement, empowerment movement on a significant price sensitive topic of interest to most voters given our car dependence? The Coalition have every reason to fear another highly successful Get Up only this time out of the national ALP Govt proper.
Brendan Nelson as Opposition Leader was on 7.30 last night with ridicule over price controls of supermarkets in GroceryWatch. But it's not a joke Brendan. Just as Get Up is all too real. Just as Barak Obama raising huge funds on the net is no joke. Just as Big Media are embracing/meeting/loathing the challenge of the internet - as significant as invention of the printing press in the late 15C according to experts like Jay Rosen and Margaret Simons.
Just as you read it here first.