Mood:  a-ok

Last Thursday 10 July 2008, after some agitating here by SAM's editor, the Land & Environment Court staff found the famous missing Green Folder belonging to Margaret Pontifix, secretary of the Mangrove Mountain District Community Group Inc, and science teacher some 40 years. 

The folder was given to Commissioner Tim Moore in the Sept 2005 proceedings No.10429 in the course of the respected owner giving evidence. Then at the end of the case the Green Folder was reportedly given to council's solicitor by mistake by registry staff. Then it has turned up again in the archive of the LEC but mis-filed separate to the other case materials possibly because it had no official exhibit tag on it. Cie la vie?

A cynic might think it ought to have been returned by someone to the owner Pontifix back in 2005 as per the addresses on documents. (Notice a reference to the Green Folder documents dated 10-04-06 below at a court arranged site inspection in later litigation.) As we will see the Green Folder is important in litigation in 2008 against Coca Cola Amatil just as it could have helped inform the so called Trigger Case of 2006 about what level to automatically cut off pumping groundwater.

(This issue of extraction of water for bottling to the exclusion of other uses is nothing if not a hot topic in Gosford-Wyong farming community.) 

In the 2005 case Moore C who did order a 2 year trial period on Coca Cola Amatil reportedly said of the evidence of Pontifix (when requesting use of her folder), words to the effect of:

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

Commissioner Tim Moore, from the bench in the hearing of David Kettle Consulting [agent for Coca Cola Amatil] v Gosford City Council and Azzopardi et al 10429 of 2005

So what is in that Green Folder that is so pursuasive or probitive to Moore C such that it should now be submitted to the Court Appointed Expert, Anthony Lane, in the current proceedings in 2008?

Well there is this diagram (2nd one below) to the Pontifix court submission signed by Council's own Water Authority Headworks Co-ordinator - a whistleblower in fact. It shows the controversial Peats Ridge 'Springs' [actually now a bare paddock with bores and not a spring at all] as centrally locted on the Gosford-Wyong water supply catchment on the Plateau.

Then there is the study by Pontifix, a science teacher for 40 years, of the disappearance of groundwater dependent ecological markers, that is disappearing springs in the district. To quote the good teacher:

"Over 30 years ago I marked fern beds on maps to indicate my observations of serious reductions in crop areas. I can also give similar information re waratahs christmas bells and sprenglia, from generations of observation. This information has been ignored, except by aborginal groups. (Maps examples see Attachment E).":

Margaret Pontifix, Secretary Mangrove Mountain District Community Group Inc in her submission to Commissioner Tim Moore at the hearing in Sept 2005 of David Kettle Consulting [agent for Coca Cola Amatil] v Gosford City Council and Azzopardi et al 10429 of 2005

Here are those maps mentioned above, which the intervenor/objector in the current Neville Diamond, whom we act for as pro bono agent, says must go to Anthony Lane the court appointed expert. Lane is due to report by next Monday 21st July afer 2 postponements of his report already: The first one is the lost flora over 20 years presumably from excessive water extraction:

Here below is the Gosford Wyong Water Authority map leaked to Pontifix in 2005 for the court hearing:

The speaking notes of veteran school teacher Pontifix are also instructive:

 

 

 

Teacher Pontifix has been getting advice about the groundwater aquifer at Peats Ridge from some serious experts as per this note from now hydro geologist Dr Brian Marshall of UTS now retried, also in the controversial Green Folder, referring to a younger academic Dr Noel Merrick. Here is Dr Marshall here:

To be fair Merrick et al  went on to produce a much bigger 170 page study in November 2006 - which has now been added into the evidence to CAE Lane (as a direct result of the SAM editor/Mr Diamond's agitating). Dr Marshall told the SAM editor a few weeks ago he regards Merrick et al's work as the best that is available to date, which is curious given it was omitted from evidence by Coca Cola Amatil and Gosford City Council.

That's a worry. Also a worry that GCC and CCA so far oppose inclusion of Dr Brian Marshall's published article (not in the Green Folder) on the 2 year trial ordered by Commissioner Moore - which is the subject of dispute before the LEC right now in 2008 over whether the trail should continue. Dr Marshall's article is provocatively titled, and he makes some strong scientific critique too:

Mangrove Mountain Groundwater Decision, Suck it and see is alive and well! (November, 2005) By Brian Marshall

 We extract the full article as it appears to be offline these days:

This is all very revealing because according to local authority figure Margaret Pontifix's contemporaneous handwritten notes [again not in the Green Folder] of comments by Court Appointed Expert Anthony Lane on site inspection of the same water bottling operation in a separate 2006 litigation, also CAE in this 2008 case, he said 10 April 2006:

 The Green Folder does indeed include the aerial photographs over 25 years with samples here below, and compare the same spring/creek line in the NSW Govt topographical map above:

 

 

 

 

 

 

The Green Folder has other scientific information too like the monthly rainfall figures for "Gosford (Narara Research Station) AWS" 1916-2005, and "Wyong Bowling Club" 1885 to 2005, which apparently have plummeted over the last 20 years putting pressure on all water users on the Central Coast. These rainfall tables for late 19th to 21C are posted here.

Also of great local interest is this example in the Green Folder documents of apparent favouritism by the State Govt to Coca Cola Amatil which was happily granted an increase from 26ML/YR to 66 ML/Yr as big business versus little players in the local area who are refused increased water allocations. One rule for CCA, another for the little folks who don't make big political donations?

Lastly we include yet another article written by Dr Marshall on the evidence before the court in the 2005 case which instituted the 2 year trial, which is sought to be deleted now by CCA, and which the locals say was never properly implemented. Dr Marshall wrote his scientific analysis dated 5th September 2005 (to be posted in due course):

 

Posted by editor at 12:05 PM NZT

Updated: Wednesday, 16 July 2008 10:36 PM NZT

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Mood:  chatty

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

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

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

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

Media backgrounders

* last week we scooped the SMH by 5 days on the Nandos shop owner in Broadway being charged.

* Lots of WYD news in Sydney – cracker about unions gazumping Iemma Govt over pay deal – possibly in face of huge wastage of public money on subsidy to Big Religion for CWYD. Hammer blow via ABC/Lateline etc re highly manipulative CathC on sexual abuse curse.

* Corby Dead Dad Did It Says Dobber – so alleged.

* Pope on front page, not so photogenic, staying with extremist Opus Dei for rest defaults to his true doctrinaire nature. 80 year old metaphor for rickety organization falling over for 60 year old average age of priests. Bring on women into the church and married priests.

9 Sunday 7.30 – 9.30 am

Business segue story re Zappo footware warehouse business.

Ross Greenwood on Freddy Mac, and Fannie May mortgage securitization $12 trillion entities compare Australia 1 trillion economy, underpin US mortgage market

Beautiful story about Ethiopian hospital. Pure love and skill at work re fistula hospital. Real eye brimming stuff. Blows BB off the screen but you can’t complain about that.

Feature on Bourke-Wills traverse of Australian History. Was a great yarn too but missed a lot of it for the politics.

Laurie Oakes, returned from Washington explains his absence it seems from the ch9 screens 2 or 3 weeks. Interview is with Joel Fitzgibbon as Defence Minister in NY for UN something or other.  Talking about Afghanistan, East Timor.  Reminds of Mark Latham piece in AFR that JF cut him off after he left the ALP or such like.

Off to Washington re Gates and Cheney meetings – says never been stronger relationship could always improve – normal politik platitudes.

Notes tensions in Middle East affects globe including Australia. Call for calm and caution, Iran and Israel to take a deep breath.

Says he will take his advice from ‘his counterpart in the US’ re way forward in Iran.

Aircraft in development question. Question of climate as biggest threat not terrorism. [Are they really distinct? Could imagine undeveloped/developed leading to tensions over who caused it in the last 50 to 100 years of emissions legacy]

10 Meet the Press:  8- 8-30 am

Late start due to boxing coverage, missed the intro footage. Press roundup picks up

Bob Brown with Deborah Rice, late start for a heavy boxing match from somewhere, USA?

BB sounding pretty good re Tas Field Govt realignment,  [Taxi driver told me he was impressed by BB, that Greens could be in govt in 15 years, Greek guy, sister is Euro Union env lawyer in Brussels!). 

Pushing manufacture opportunities CSIRO, ACF green collar jobs 3.5 million by 2025.

Panel John Stanley 2UE, Mark Kenny Adelaide Advertiser

Footage of Garnaut – not leading, not drag the pack – may have been Paddington Town Hall with well heeled audience.

Great advert for low particulates Isuzu trucks – love it.

Important type2 diabetes family history advert

Missed a fair chunk after first adbreak. BB runs native forest protection in climate change context – save 10% immediately.

Intro package happy pilgrims and protesters with ‘annoying’ T-shirts in Macquarie St re

Paul Collins is second guest as Catholic observer on World Youth Day - refer our image here 12th July of hyper security at Central station and police with fascist tendencies just short of PIC hearing in my view, picking up bad habits of an Iemma govt with fascist tendencies:

Paul Collins says WYD mainly about  youth having a good time and enthusiasm.

JS – competing with HillSong, balancer? A bit of that.

Re heavy handed laws asks Mark Kenny – yes says Collins, a disaster, should have been more active to steer clear of it.

Talk about sexual abuse situation, refers to Prime/Foreign Minister status of Popes offsider.

MK great question about is CathC too hierarchical – resounding yes was the answer [calls up theme of “terrifyingly manipulative” aspect of the religion].

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

Riley Diary 7, 8.35 am

Great Isuzu truck advert – it’s a winner probably. Look smaller engines.

Winter break – filled with ‘our Heath’ in Dark Knight what a damn sad loss, great in Lords of Dog Town too.

Picture: The now infamous waterside Ignuanas Restuarant-Bar (at right) in Gosford as viewed from the train going back to Sydney. We were meeting folks worried about their aquifer from over extraction due to bottled water. What also caught our eye is the God ugly concrete bunker developments on the hillsides - a developers w*t dream?

Insiders 2: 9- 10am

* Intro re climate change, with Minister Wong as guest, Green Paper on the way, classic Ruddster rhetoric Green/green – get it?

* Press round up Corby dead dad dobbed on, alleged.

* Wong is the talent, in the studio to show sincerity – sledges Nelson flip flopping. Hard question put about being in front of US, China, India? Ans. strong self interest, hot and dry country, strong self interest in an effective global scheme. No alternative than to play. [reminds of weird story of W Bush punching the air proud of being biggest polluter at G8 wrap up, truly weird]

Come along way from forestry adviser in first Carr govt in 1995 when I lobbied her (successfully) on logging in Upper Deau River catchment, something so ironic about gay Wong and gay Bob Brown on climate issues same day of tv … not that there is anything wrong with that! She has style

Great Q about doubts on science – stays firm more than 90% certainty, refers to Murray Darling basin, worse case scenario on 2050 – missed the point because she sort of fluffed it – meaning to say it will be stone dead. [truth is even this greenie wouldn’t be human not too but safety first is always best].

Essentially too risky to consider skeptics line and safer to stick with [whole of economy reform].

Refers to building on Bali conference late last year, can’t reasonably say you stay poor in undev – low emissions path for these, rich counties economy wide cuts.

What’s needed in Victoria re Murray Darling – 4% cuts by next year. Do more with less. Talks a good rhetoric but that’s about it really as per Ramsey article in SMH yesterday.

Everyperson segment – cost of living, proverbial gentle middle class working little people on basic wage, deli food services sector, thoughtful. Countries like ours US should be leading the way.

Lenore Taylor gets baton with AFR perspective though with News Corp Australian newspaper now notes a lot of momentum with two US presidents.

Taylor drops her Kyoto forum experience, Milne his Bali UN conference. A lot of talk about Copenhagen as next real thing on CC not G8, incredulity at W Bush.

Dennis Atkins notes 100 years of emissions – strong argument Taylor agrees. Milne was at Bali,

Uhlmann again for Paul Kelly after controversial contribution last week – gets his head to offer real opinion not just ‘balance’ so good tv with that caveat (was a candidate in ACT once, not a reporter). Says Turnbull was ‘deeply’ patronizing of Nelson on Lateline about his flip flopping on Emissions Trading Scheme treating Nelson like “the idiot child”.

[The Carr wedge on environment as per Fahey in 1995 election on forests is playing out – the wedge of greenish Liberals versus poo brown Nationals in the Coalition.]

Milne notes get out clause for Rudd re act “responsibly”. Milne notes per capita [we are relevant and not marginal as Nelson implies].

Milne sounds like he’s up to mark on behaviour change – good man Glenn, good man.

There is a sense of inspiration and excitement in the panel at the thrill of joining the main cause of our lives for the 21C economy, getting out of the shadow of our 20C growth at any costs paradigm.

Footage of glaring policy difference Green Party via BB pull out of mess in Afghanistan and Govt and Opp commitment. Based on Greens idealistic 4^th principle of Peace and disarmament/Non violence with 1 ecological sustainability 2 social and economic justice and 3. grassroots democracy.

Canberra panel slum it talking about Iemma Govt in NSW, polling by officials determined to go on. Dumping him says AFR is easy, replacing is harder.

Talking pictures Julian Morrow: No annoying for CWYD reference to fascist tendencies of Law & Order agenda in NSW. Amusing rocks as musical charis reference in G8 meeting.

LT givesAbbott rap for policy platform in his book, not blowing in the wind …implies Nelson.

ABC’s hollowmen – somehow reflects Rudd govt? First script was actually written during Howard time. Was Howard war on obesity in June 2007 launched in Launceston. [Like the West Wing it will cut and paste borrow from both sides of politics. Watch City Hall of 1996 with Al Pacino and young John Cusack – has Toby Ziggler and the funeral speech in the Black Church scenes it, all provenance it seems in the tv script world].

BC says Obama like Rudd govt raise public expectations, need to spin big ideas a whole lot more. LT agrees with GM re cabinet minister take to him that channeling pain of public is Opp sticht [my word].

Out take – climate change debate in Coalition – strong view to contest not take the Turnbull line of cooperation with ETS. It’s a real wedge on themselves and they lost NSW Govt since 1995 on environment falling over now the browner the ALP get.

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

Inside Business 2 10 am

Feature on climate change as reform on ecoomy.

Carbon Capture Sequestration – natural gas fairly easy to strip, SOx and NOx stripped out, capture a lot more costly, not storage says CSIRO think tank man.

Footage of Otway Martin Ferguson  led by same Peter Cook think tank, reference to Norway [and note safety agency article from Norway on SAM here re dangers of corrosion of pipe joints threat to workers. Mark Nolan from Exxon Mobil Australia says will bubble up and “sour” oil field so no until 2025.

Legal issues said to become involved. Beach Petroleum Reg Nelson Moonba in SA, remote area population not a worry [?!].

Pipelining CO2 is different as it is a corrosive gas – exactly our thesis on SAM.

MD TruEnergy quote. A lot of economic value in CCS if get it right. Engineering and Financial challenges are far more daunting – footage of rolling green hills under threat like Nerrandera [close to where Deb Cameron was born and raised in fact, and this writer at Warrnambool nearby].

Posted by editor at 1:32 PM NZT

Updated: Sunday, 13 July 2008 4:02 PM NZT

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Mood:  sharp

How pathetic that the local suburban and big media have not reported on a scandal in front of their faces. No wonder the blogging sector just gets bigger. The image above is from the website we built in 2007 for Addison Rd Community Centre. Nice isn't it. But the politics in that place is rancid.

We have just confirmed with our source close to the Board that loyal soldier for the ALP Yvette Andrews is still in place as GM with no public advertising of her General Manager's job since October 2007 when the last one resigned.

That's a $65,000 (or part thereof) job to Andrews as the former President of the ARC with no public advertising of the job at what claims to be "the biggest community centre in Australia" here:

 http://www.addisonrdcentre.com.au/

But they don't follow principles of good governance obviously.

Who ever heard of a public organisation with a 6 figure budget (around $400K pa from memory) not publicly advertising their jobs? Or their Board President stepping out of an unpaid one into a paid one on the same day in late 2007?

Meredith Burgmann as aspirant for City Hall should come clean on any involvement she has in this situation with the closed shop at ARC. For instance the cover up over the rent free Gallery. Andrews is her ex staffer and is her current co author. Burgmann like Andrews is great mates with the Art Gallery manager for over 4 years, Cutcliffe, attending functions there: Cutcliffe who managed to avoid paying rent for 4 years while having the odd $30K painting on private sale.

No financial records lodged by the Gallery with the centre so the former GM told this writer - all in a publicly owned building.

Cutcliffe has made a special point for some years now of spreading poison about The Greens in particular. Because they are honest?

As the rent free Gallery scandal with other tenants itself grew, while all other community groups struggled to pay their own rent, a new 'non profit' was miraculously set up to run the Gallery (and shield Cutcliffe from accountability?). Cutcliffe never has accounted for that 4 years rent free as far as we know and we spotted him firmly esconced just last Sunday again. If he spent as much time earning his rent as doing political machinations he could probably cover it 10 times over.

Our advice is that the "Addison Road Gallery Arts Association Inc" no. 9888276 was registered on 15/10/2007 at the height of the scandal and just before the last AGM for the centre and the public officer for this Gallery body is one Rebecca Kaiser, former ALP Deputy Mayor of Marrickville. How unsurprising.

Burgmann and the ALP at Marrickville Council go way back too it seems including junket invitations to sister cities in Madeira with the globetrotting former MP and Pres of the Legislative Council - see this item back in 2001 in a Mayoral Minute   "15 May 2001". Meredith sure is a good traveller.

The big and little media have no credit at all sidestepping this pile of proverbial. This abuse of public advertising norms for publicly funded positions has all been reported ad nauseam on the SAM micro news Blog for months now.

The Andrews GM job was supposed to be a stop gap for 6 months with adverts proposed in April/May - itself a disturbing departure from normal selection process. We said then 'don't hold your breath'. 

Tonight we have just confirmed with our source that in July 2008 still no advert. Andrews still sitting there like an overstuffed Budha in her cosy sinecure. It's so wrong. But not if your are tribal ALP. In that case it is so right.

We have just emailed the executive of the 30 strong real non profit Botany Bay & Catchment Alliance in the following terms, open copy to Andrews and her ALP patronage, who as far as we are concerned can go to hell:

Sent: Tuesday, July 08, 2008 8:14 PM

Subject: Re: Next BBACA meeting postponed for one week

To Botany Bay & Catchment Alliance/executive for 30 Sydney community groups

Just to say finished the last 700 of 6000 leaflets in Erskineville last Saturday regarding dangers to Botany Bay wildlife as here

14 June 2008

80,000 colour leaflets call for protection of Botany Bay wildlife
Mood:  special
Topic: nsw govt

 Saw Clover Moore's local council team out in force too. Got a card from Cr Phillip Black who was very interested to hear about dirt involving Meredith Burgmann re her ALP mate takeover of Addison Rd Community Centre.

Have a look at these links

  News 

  Events

- the local equivalent of Year Zero? The website news/events items of 2007 have nearly all been deleted. History only starts with the ALP hegemony it seems under Yvette Andrews who is co author with Meredith Burgmann. Andrews got her job without any public advertisement for over 9 months now. It's a scandal that NOT ONE BIG OR SMALL MEDIA outlet dares to report yet. How's that for systemic social corruption even though it's about the biggest 'community centre in Australia'? 

This is mad stuff totally contrary to good governance principles of a public organisation. In fact I just rang my source, an impeccable one, who does know, and the job hasn't been advertised since October 2007 when the last GM got the shove and Andrews - who used to work for Burgmann and was expected to work for Senator Faulkner but failed to get a job (probably because I blew the whistle) - is still in place, no publicly contested job advert. It's a fraud on the public interest.

Tom McLoughlin, solicitor

Posted by editor at 10:25 PM NZT

Updated: Tuesday, 8 July 2008 11:25 PM NZT

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Mood:  chatty

 * My old zoology lecturer swore there is no such word as "adaption".

Picture: the name of the game is adaptation like the soldering iron rubber band solution for these ill fitting nickel cadmium/alklaine rechargeables for the bike light for the CBD commute here on planet SAM. Another idea would be to buy the right model charger in the first place. A bit like the Emission Trading Scheme, carbon tax argument running through the meeja reaction to the Ross Garnaut 500 page report late last week. Either way the main thing is to arrive safely.

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

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

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

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

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

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

Media backgrounders

- Been out of the loop too much in the wage force to have many edgy insights.  Kitchen table groaning with unread press doing combat with Coca Cola case prep re Peats Ridge Springs over exploitation. Credit card debt snivelling up from the deep dank pit, as are some limited career prospects.

- Apparently Nandos chicken shop owner in the Broadway area is about to be charged by the coppers, so our source tells us. The allegation against this South African corporation is that they position traders in unviable locations, don’t monitor their brand in these hopeless situations and turn desperate small business owners to insurance jobs. It’s all likely to end up before the courts. Similar insurance job was done in Canada with fatal consequences too apparently. Does the corporation have a duty of care to neighbours of unviable franchisees who turn to criminal means of escape from near bankruptcy? We think the neighbours may well have a case and the govt might well have a role re this duty of care to ensure at the minium a level of viability for their brand in that franchise location especially juxtaposed to vulnerable residents in the same structure. Apparently the residents in the Quadrant complex are all psychologically injured by the shock of the explosion which delivered broken glass onto the roof 10 stories above.

9 Sunday 7.30 – 9.30 am

Technical glitch, well compensated by Laurie Oakes to be returning. Feature on US nerve chemical testing on Aussie guinea pigs.

Sunday uses Swan notes for catch up on tax tiddlers items around petrol and gst. Ross does an economic roundup but lacking in time.

Adam Shand becomes a reporter expert on bikie gangs, [just watched Stone, classic … maaan. Quite a hotch potch of social strata, environment, spiv developers, Askin type crooks, Satanism, nudity, drug use, made mid 70ies from memory, Sydney urban scapes when the F3 cuttings were novel, modern motorbikes were still also novel, and a range of harbour view and old style pubs, with some Macho bravado.]

Great feature on mining, Aboriginal history of Yerranderie. Really marvelous French artist images of a handsome people cut down by colonial impacts – likely disease but also violence.

Feature by Ross Coulthard – looks like our piece on Iron Ranges National Park pseudo nuke test in tropical jungle FNQ. Yep surely is.

 Sunday, 10 June 2007 John Howard's betrayal of practical reconciliation with broken $40M 1996 election promise for Cape York Land Use Agreement
Mood:  sharp
Topic: indigenous

Backgrounder source is Greg Young based here in Sydney often aka Eardrum, film maker of  Australian Atomic Confessions.

Peter Bailey Prof of Law, my honours ‘superviser’ more in the absence than the reality in 1989, but great Human Rights and jurisprudence lecturer there at ANU in the 80ies. [My honours was A Legal Foundation for Aboriginal Land Rights specifically on native title 3 years before the famous Mabo HCA decision. Feel proud about that even if the mark was mediocre.]

Laurie Oakes – he’s back!!!!! Damn good. Love the guy. And what a way back with Ross Garnaut with the seminal next installment coming from  a serious business and academic background.  Mission to scare the hell out of everyone? Denies it, but the question answers itself too Ross. Illogical to exclude fuel sources like petrol – internationally consistent, blurrs the message. Diabolical policy area harder than trade liberalization, or GST locally. For a while we were blockers. Govt electable where they implement this policy area? Have a bigger support now than for economic reforms in the 80ies.

Asks RG for a slogan. Demurs but risks are too great if nothing is done. Known Rudd as young officer in diplomatic corp. Political skill? Yes to get to PM. Will – says yes.

Opposition has gone populist, disappointed? Says virtually inevitable. Support in the Opposition for taking action too.

Why should consumers pay more for petrol – asks him to look into the camera as a figure of speech but RG takes it literally and says the costs will be greater if we don’t fix the problem.

Not going first. About the middle of the pack. Biggest loser if we don’t find a solution hotter and drier.

Tenor of the interview is quietly spoken and mild mannered perhaps because RG is seen as something of an honest broker on this situation.

The web poll result of last week is that 11% feel prepared for the costs of climate change and 89% don’t. Ellen therefore Rudd Govt have a big problem.

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

10 Meet the Press:  8- 8-30 am

Press round up. Moral panic in Sydney on naked child on art magazine. What a dumb cover, dumb issue, dumb and yes irresponsible.

Penny Wong famous polished smooth talking style, all diplomacy [not to be discounted in this really fraught time in history bringing the mommia into the ecological realities of the 21C] but also of little real action as per ALP crushing history on unsustainability.

Glenn Milne tells it straight – won’t the lower lakes be dead in …[12 months?].

Emily Rice 10 environment reporter, Glenn Milne on the panel.

Footage of Murray Basin stressed river, academic (Adelaide guy beyond the ALP fire blanket on this issue.

Steve Fielding claims in balance between Climate Skeptics and Climate Terrorists. Lead in footage shows his ‘great’ or hackneyed ability for stunts as with Nick Xenephon. Makes the Greens look downright conservative.

SF pushes the impact on families. [Truth is the Assembly of God party as per their church hall in logger town Orbost are all about destruction of the environment, go forth and multiply and bring on the cataclysmic Rapture at the End of the World, praise the Lord. SF is double talking all the way, too slick too faith/fantasy based. Not for him the Christian dictum that nature is God’s Creation and our sacred duty is to be good stewards.]

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

Riley Diary 7, 8.35 am

Downer retrospective, archival material is fantastic. Sadly missed a lot of it in conflict with RC on 9 feature re potential weapons tests Andrew OKeefe tells it like it is – Downer “no regrets” after WMD, AWB scandals “is a bit rich” says Andrew OKeefe. Riles wisely keeps his doors open to the Coalition by saying nothing. But OKeefe is surely correct and it doesn’t take a bleeding heart Lefty to know it. Shows guts on AK’s part.  And real politik nouse because that’s a large reason why the Howard Downer team lost the election. He should have gone 6 months ago.

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

Insiders 2: 9- 10am

Papers round up. Henderson links Iemma problems to alleged ‘merit’ of power asset sales agenda.

Panel is Annabel Crabb (Fairfax), George Meglogenis (News Corp broadsheet), Gerard Henderson (conservative Sydney Institute, Fairfax opinion writer). Crabby looks gorgeous with her Charlotte Bronte hair.

Guest is PM Rudd – firm on the rhetoric, 2-3 million jobs in the transition to carbon reduced [my word] economy sourced to CSIRO report.

Asked  a cracking question what is ETS – what does it mean.? Right to say 5 m to give a simple answer – it’s a cap with sharing carbon  of parts across 20 million Aussies.

CSIRO another report – exceptional drought, once every 20 years, once every 2 years. Twice as often and twice the area. Serious revision on impact of climate on drought.

Affect on people in the burbs is increase in prices. [last Friday morning, busiest day of the week. Not much traffic on busy busy Illawarra Rd. Could have been traffic jam on Unwin’s Bridge Rd, but spooky given the day of Garnaut on front pages].

Rudd refers to lower lakes Alexandrina with Minister Wong. Climate change or water held back? Says aggregation of factors. Water Minister Wong mentioned again approvingly.

Rudd stands firm on use of children in art. Can’t stand this stuff. [Knows the populist politics clearly.]

Every person segment, biker not bikie, another outdoor type. Not explained clearly. 2010 is too slow so gungho.

Panel agrees Rudd needs to hone his explanations a lot. Hendo says Australia won’t follow us. Cassidy says RG message is if we don’t they won’t. Truth is both these arguments and no one really knows the answer. A lot of suspicion and a lot of fear and loathing in this uncertainty. Hend says pure mythology.

Chris Uhlmann as guest editor instead of Paul Kelly off with the Pope flight into Australia. Does an highly dogmatic soliloquy given the opinion segment includes “some lunatics” in the debate over climate change and as an “ex seminarian” doesn’t buy the faith based theology of climate when we can’t even predict the weather. WRONG Chris. Henderson agrees with him which gives the warning why CUis wrong. CU might want to consult Paul Collins on why cutting down old growth forests is indeed a sin, before even considering Adam Shand’s skeptic piece on Sunday 9 last week where he interviewed Prof Flannery that daily weekly weather forecasting is totally wrong analogy compared to seasonal winter summer type long term forecasting. Flannery such seasonal statistics of warmer and colder over longer periods of time is sound analysis.

Shand even went to the flipping of the winter summer in Europe in around 1815 to ‘prove’ Flannery wrong, only to be impaled by Senator Brown reference to dust from Krakatoa caused a one off change in global climate that year, and that yes common sense applies winter is colder than summer. Derrr.

While CU was in the seminary, some of us were doing science degrees. Take note CU.

Comic show promo Aussie Yes Minister style. Crabb says quite well researched with grab about biggest loser. Meglo refers to West Wing [our boss is like a cross between CJ and Margaret – think about that).

Talking pictures. Noticed the ribald lead cartoon too in The Australian of Rudd on CC doing contortions of Karma Sutra and over time in the hotel bedroom. A real good laugh that one. Damn rude too.

Out takes have Crabb praising Govt on cutting political advertising. Meglo something. Hendo likes Malcolm Speed getting it right on sport links with Zimbabwe forced to resign from his job.

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

Inside Business 2 10 am

Inside Business special on climate change with Ross Garnaut already on Sunday 9, also with Warwick McKibbin counter point.

Interview with Ross Garnaut Australia and USA were blocking Climate Change and we moved beyond, USA in process of same.

China has to move a lot sooner. 4% reduction per annum. Radical reduction. AK says can’t force China though? Building coal power stations one every 2 weeks. RG: Committed to renewables targets. Price of wind infrastructure going up as they are buying it all, biggest nuke sector but only 6% of whole profile still.

Both omit the ‘force’ as per Montreal Protocol of tariffs and bans on CFC embedded products.

2 year transition period price on carbon, combined with auction of permits. Says legitimate 2^nd best option because sets up compliance and conditions.

Independent report, politics changed with price of oil, credit crisis and economic crisis in USA. These factors do make a difference. Capital costs have gone up, other side of the resources boom.  Prices will go up anyway regardless of the ETS.

What businesses should do is get a handle on their carbon footprint. BHP investment hydro development of aluminium in the Congo gets his tick. [huge impact on the rivers].

Garnaut report was [attempted gazump] by McKibbin the day before. Lowy Institute now, Reserve Bank member. RG is excellent report, disagrees with policy implementation. Likes a simpler system. RG borrows some ideas from ‘them’ says WK like Bank of Carbon, another one.

Says it is a lot of uncertainty, no scientific basis for how much each country should cut.

Changing the politics point [global influences again? Missed the reference]

AK – China won’t do anything unless we do, even if we don’t have any mitigation impact. At page 11 China is critical. Leaves out India. Makes big play about CCS. Then notices in RG report ‘it’s all too late’. 500 draft pages of mitigation and maybe “pointless”

Story: Clear winner will be renewable energy sector. Talks to solar entrepreneur. Need smooth approaches not govt shocks in policy.

Posted by editor at 1:29 PM NZT

Updated: Sunday, 6 July 2008 1:56 PM NZT

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Mood:  chatty

Well there is plenty of grist in this judgment yesterday: Not nearly as helpful to the objectors as we might have hoped but there is still a fair bit to work with. The community objector Mr Diamond has been allowed in as an "intervenor" but on limited basis and must work with the Council as "gatekeeper" on documents to the Court Appointed Expert (CAE). 

In and outside the hearing Coke are using the threat of costs with their bottomless pockets to suppress the list of documents to barely 3 or 4 extra to go to their nominated expert (now the court appointed expert) that Gosford City Council rolled over to agree with. Gosford CC lawyers continue to see the merit of Coke's logic on all such matters. 

Par for the course Gosford CC's barrister/solicitor issued a letter cutting our 90 or so documents for the expert down to 8, and then after being told something by Coke reduced it down to 4 .... out of 90. It's easy to get the impression Goford lawyers are not fighting as hard on the expert evidence that is available around the traps as one might hope.

A fair observer in the public court house would note that the lawyers for Gosford City Council and Coca Cola Amatil manage to consult very well together, and not very well with the community objectors.

At one point the GCC barrister Matt Fraser snatched a letter addressed to us from our hand - provided to us by his own solicitor - and then complained about our "games" - was it our copy or not - addressed to us? Fraser sent the judge's tipstaff to make more copies. For a moment there we both held it pincer like. At the last hearing he wanted to move the lectern sidelining us down one end of the bar table metaphorically out of sight? At a notice of application we instigated. He's quite canny is our Mr Fraser.

We felt like a noisy Banquo's ghost as usual. Will the leadership of Gosford Council do the right thing as in 2006 litigation and tell their lawyers to help not hinder the public interest objector? Will they tell them to allow more of the 90 documents we listed? Another 10, 15 or even 20? How could they object to an expert report of driest May on record at Mangrove Mountain, the same day as the famous Garnaut Report next installment? Yet they did as per their constrained list here:

And notice both Gosford and CC A are keen to avoid literature of Dr Brian Marshall retired hydro geologist who taught at the University of Technology Sydney. You will see in the judgement below we get a few slaps as agent in our first case as advocate. Cie la vie. We do pitch to varied audiences from her judgeship which she is surely aware of now.

You will see her Honour agrees the CAE should be from Sydney not Melbourne and the council made a serious delay affecting the objectors. (In fact breaching the GCC's own specific motion of 12 Feb 2008 to notify objectors properly.) 

In 2006 the community objector Azzopardi had their share of the costs of the court appointed expert paid for by Gosford City Council so that something approximating a real contest of the evidence and issues with Coca Cola Amatil could be heard. This actually contradicted the gungho submissions of same barrister Fraser in 2006. Ouch. It's hard to say whether the same dynamic applies in 2008 but we are only months from a Local Govt election so one wonders if democracy will get more of a look in with the financial support of Gosford CC.

Posted by editor at 8:09 AM NZT

Updated: Saturday, 5 July 2008 9:22 AM NZT

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Mood:  sharp

The local press are all running letters about how "badly behaved" councillors at Marrickville have been. That is councillors not of the Labor 'Left' aka spineless careerist grandstanding troupe of control freaks and wannabees.

Big brouhahas are usually a case of arrogant ALP entitlement to corruptly Lord over anyone else who dares challenge their hegemony not least the rapidly organising Green Party.

Truck loads of dishonesty is usually their style until finally someone loses their cool and bites back. It's stock standard approach for the local ALP to retail emotional violence to fill their otherwise vaccuum of talent or policy initiative. Some of these folks are grifters and parasites. The sooner their nepotism and careerist view of social justice is exposed as jobs for their ALP brand girls and boys, rather than merit, the better off society will be.

This picture, tells a related story in the current debate with the local Greens. Taken at 7.45am on a cold cold Monday morning last week, it shows one street side next to Enmore park full of empty car spaces.

It must be the only place in Inner Sydney to not be parked out at that time of the day. The aging 25 metre pool complex is in the background. That suggests alot of unused potential for a 50m facility.

So why not build it in Tempe rather than Enmore where the other sports grounds are? Apparently the Greens reckon it seriously lacks public transport access from the rest of the Council area (read ratepayers), just off Princes Hwy, not far from Wolli Creek Station.

Mmm maybe. It's a spokes and circles kind of argument. It would mean going in and out of the CBD to get there. But we hold to the view for now its mostly about power struggle not merits.

If we understand right we did feel a little unconvinced reading the Indy mayor Thanos supporting the Enmore decision refer to only 35 x 35m of parkland being needed, compared to a 38,000 sqm park. That looks good but actually works out as actually about 1/40 of the parkland. That's a small but real bite of public passive recreational space.

All part of the balancing exercise no doubt, it's just a pity the ALP groupies and fanatics resort to baiting all the same. The last thing they really care about is green space even if the local neighbours do, oh no. It's power, crude and simple come the Local Council elections in September.

Which reminds us, have the local ALP deigned to advertise the GM position at the local Addison Rd Community Centre, after 9 months of waiting? Have any of the local press even reported this scandalous departure from honest governance?  Or does favoured acolyte Yvette Andrews still have the job with no public advertising and interview process? ALP Left, as grubby as the rest.

Posted by editor at 7:08 AM NZT

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Mood:  d'oh

We took this image of St Mary's Cathedral  from Hyde Park last Thursday night, no flash standard digital camera resting on a local bin with reflections in the foreground. The glare obscures the '12 day' to go gateway heralding 'Catholic World Youth Day' though they leave off the Catholic brand which would give the corporate (albeit religious) welfarism away a tad.

Catholicism - the invisible thread that lets you roam to the ends of the Earth and return to it's side with a twitch of the thread. G.K.Chesterton said that and he was a pretty smart guy judging by that line alone. But what is it exactly? Well it's all things and nothing. For a start it's nothing if not a hierarchy as we noted in our recent review of Brideshead Revisited available on DVD nowdays: It's an alternatively charming and chilling study of a "terrifyingly manipulative" Catholic mother and the emotional wreckage that engenders:

Sunday, 20 January 2008

Big Catholic world youth day in Sydney a threat to healthy spirituality?
Mood:  quizzical
Topic: culture

Picture: The Apology scene, episode 4 in the ground breaking 13 hour long Brideshead Revisited TV miniseries of 1981 (Granada Television) of the Evelyn Waugh book of the between the world war years of an aristocratic Catholic family in Britain. Broadcast here around that time.

We liked this part of that essay too as it relates to Sydney power politics:

[The institution of Confession is a] device to sanitise any vicious power game much as the highly Catholic NSW ALP Right in NSW practice as their daily bread, especially if it is rationalised as gloriffying the church itself. A power game 'cardinal' Gerry Gleeson was reputed to have played not least in the Sydney Harbour Foreshore Authority:

At the 11th hour, however, an unknown representative of the authority telephoned Rothschild signalling that a surprise late bid was on its way. IN HIS heyday as Wran's favoured mandarin, Gleeson elicited a mixture of fear and respect among both ministers and the public service. Today, just a fortnight before his 76th birthday, Gerald Gleeson still retains a legendary aura. Renowned for his rigorous Catholicism, commanding presence and steely demeanour, he once said he did not seek to get close to people: "I'm not looking for love. I'm looking for respect."

When Gleeson stepped down on June 10, 1988, after nearly 30 years of senior civil service, he spent the Liberal years collecting a swag of directorships on boards at the big end of town. Among them were Capital Investment Holdings, Catholic College of Education Australia, Commonwealth Bank, Grocon Developments, Amalgamated Holdings and briefly, Transfield.

He remains a director of the Australian Catholic University and is still active in the Catholic community.

In 1995, when Labor was returned to power, one of Bob Carr's first acts was to lure the uber-bureaucrat back to Macquarie Street. In the early years, he quietly acted as a significant Mr Fix-It for Carr, brokering several major deals, including the early forestry agreements and fixing the Olympic hotel bed tax issue.

Gleeson chaired the Statutory and Other Officers Remuneration Tribunal, which sets Senior Executive Service pay packets. And as chairman of the Darling Harbour Authority he oversaw the venue's final construction.

Then, in 1998, he began his increasingly controversial reign as chairman of the newly formed Sydney Harbour Foreshore Authority. With one stroke of the cabinet room pen, great swathes of Sydney became his turf, including the Sydney Cove Authority, City West Development Corporation, Luna Park and even the Australian Technology Park in Redfern.

Since then the crisscrossing of his growing empire and board interests has become grist for the rumour mill.

Said a senior Government source: "Over the years, he has wanted more and more authority and, at one point, even came looking for Olympic Park." Last October, with the Sydney Entertainment Centre management rights tender fresh on everyone's mind, Gleeson sent a memo to the director-general of the Premier's Department, Col Gellatly.

in Going once, going twice by Paola Totaro May 29, 2004 Sydney Morning Herald

Indeed in terms of youth Big Catholicism is just about opposite to this very popular somewhat chaotic yet practical inspiration in youth friendly format:

It's a message youth can enjoy and embrace without travelling any distance at all from all over the world to Sydney for World Youth Day thanks to the beauty and perils of the internet.

And if that's not quite your taste then try this - and why does 'the devil' have the best music anyway?:

It's a case of distortion reflecting reality really. We say this because our memories of the gaudy and frankly unworthy golden trinket display in St Peter's Basillica in Rome in 2002 suggested to us a blatant attempt to impress the uneducated masses with a carnival facade. Rather than clowns heads it was alleged mummified saints turned to stone and South American precious metals obtained God knows where or how.

Speaking as no.8 of 9 son and refugee from that Tribe I felt Jesus wasn't there.  I felt sad to see behind a confidence trick, suggesting a feeling of disappointment at meeting your favourite pop star and finding he's got dandruff or bad breath. He might have been at the top of the awesome obelisk constructed by Caligula's slaves in the middle of the Oval expanse at front of the Vatican itself behind ancient massive Roman walls. He was definitely in the small spooky section of Catacombs we visited.

Posted by editor at 6:35 AM NZT

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Mood:  chatty

From the court yesterday:

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

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

Dear Mr McLoughlin

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

Rgards

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

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

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

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

Dated Tuesday 1st July 2008

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

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

Yours truly, Tom McLoughlin agent for public interest objector Diamond

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

 

 

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

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

 

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

 

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

 

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

 

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

 

B7. DNR Guide to water access licence certificates and searches

 

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

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

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

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

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

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

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

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

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

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

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

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

[And at p15]

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

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

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

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

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

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

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

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

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

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

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

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

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

unsustainable water use in Kulnurra Mangrove Mountain Water Sharing Plan

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

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

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

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

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

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

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

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

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

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

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

"Councils Strategic Water & Sewer Engineer advises: -

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

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

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

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

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

[At page 10]

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

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

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

 

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

CCA bottling operations

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

                  Smithfield plant, Sydney

                  Northmead plant Sydney 

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

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

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

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

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

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

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

 

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

27 June 2008

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Dear Tom

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

     Report Beck.

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

     creeks up till 1992.

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

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

     Mercer, "Twenty Thirst Centuary".

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

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

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

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

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

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

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

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

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

     DLW in 1996.

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

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

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

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

      Hunter region.

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

      Environment Network.

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

      plataue.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

31.  Have many years results of stream watch.

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

 

Posted by editor at 9:33 AM NZT

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

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Mood:  sharp

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

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

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

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

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

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

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

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

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

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

Posted by editor at 4:52 PM NZT

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