Monday, 27 October 2014


Update November 14 - A new site dedicated to Peter Spencer was launched today. Please go to Peter Spencer versus The Commonwealth

Update November 30 - A new post where daily updates of the court proceedings by Ian Hampton. Please go to  Peter Spencer: Court diary

by Ian Hampton, Cooma, on behalf of Peter Spencer
Tony Abbott as opposition leader at the Peter Spencer
farmers rights rally February 2010
photo sourced farmonline
 Peter Spencer will need financial assistance to enable his “day in court”.  After 8 years of effort, countless directions hearings and a notable success in the High Court of Australia in 2010, his case Spencer v. Commonwealth of Australia will be heard in the Federal Court, Sydney from the 24 November this year.

 Spencer has done his homework and believes he has the ammunition to prove his case, however the problem is that the Australian Farmers Fighting Fund (AFFF) which has been financing Spencer’s courtroom case in the Federal Court has withdrawn its funding with the finish line in sight.  The AFFF have offered no coherent reasoning for this withdrawal of funding and actually state that they are still considering the issue, however the time is now and Spencer needs funding to continue.    

Spencer’s immediate problem is that he is required to pay up-front costs including the expenses of the witnesses he calls, filing, record keeping, printing and stationary costs.  At this time his own finances are exhausted because of the eight year war of attrition he has fought against the might of the Australian Government Solicitor representing Australian Governments of both major parties. The other respondent to the case is the Crown Solicitor’s Office of NSW representing the NSW Government.

As discussed below, this is enormously important for farmers directly affected by native vegetation legislation, and indirectly for all private property owners.


Many regional people will remember Peter Spencer's 52 day hunger strike in late 2009 and early 2010 over farmer's property rights and its link to Australia's climate change commitments.  The hunger strike led to a more than 3,000 strong farmers rights rally in front of Parliament House in February 2010 and the Senate Inquiry into Native Vegetation Laws, Greenhouse Gas Abatement and Climate Change Measures later in the same year.

Spencer’s case and the hunger strike arose out of his inability to properly farm his property "Saarahnlee" at Captains Flat near Cooma, NSW following imposition of more stringent native vegetation laws by the NSW Government in the early 2000s.


Alan Jones with Peter Spencer outside Parliament House, Feb 2010
photo sourced, Farmers’ fight for rights won’t end with protest 
If Spencer wins, the likely outcome is that the case will be treated as a test case which should result in a flow on of compensation to the thousands of Australian farmers who have been similarly affected by the imposition of native vegetation legislation after the meeting of the Kyoto Protocol target in 1999.

 Further, Spencer v. Commonwealth of Australia is the most important property rights case to be heard by any Australian court since Mabo.  If Spencer succeeds this case will re-assert the primacy of the Australian Constitution over the on-going erosion of private property rights by Australian Governments of all persuasions at all levels of government.


Yes, if the case is truly heard.

Spencer’s case hangs on Section 51(xxxi) of the Australian Constitution which allows the Parliament to make laws for the acquisition of property on just terms from any state or person for any purpose in respect of which the Parliament has power to make laws.  The issue is that while the Commonwealth must pay compensation, the States are not required to.  The basis of Mr Spencer’s claim is that state and federal governments colluded to introduce land clearing legislation to lock up carbon on Australian farms through native vegetation legislation so Australia could meet carbon targets in the Kyoto protocol.  To win, Spencer must prove the intent of the Commonwealth to obtain carbon credits enabled by the “Australia Clause” inserted into the Kyoto Protocol Agreement in 1999, orchestration by the Commonwealth of the imposition of native vegetation legislation by the NSW Government (in Spencer’s case), and that the Commonwealth actually obtained gain through the resulting carbon credits which are clearly shown in the IPCC carbon accounts following application of the native vegetation legislation.  The IPCC accounts clearly show that these carbon credits have enabled Australia to meet its carbon targets set in the Kyoto protocol.  In essence this is Spencer’s trump card because it can be clearly shown that the Commonwealth has gained through the stored carbon.

The more important issue is that THIS IS A CASE THAT MUST BE HEARD.  This is a once in a generation opportunity for the courts to reassert the primacy of the Australian Constitution over the on-going machinations of Australian Governments at all levels to restrict and control private landowners use of their land.


The NSW Regional Community Survival Group Fighting Fund account is now dedicated to assisting Peter Spencer’s court case.  The RCSG is based in Tottenham NSW, and is an incorporated not for profit group with a long history of fighting for farmers rights and assisting farmers.
Electronic transfers to the "Fighting Fund" can be made to the following account:
BSB 032646    Westpac Dubbo
Account No     494974
To enable record keeping - please “label” the transfer with your name.  If you want a receipt – send either an e-mail or fax to Lesley Hillam -
e-mail address
fax number 02 6892 4449




Property Rights Australia will also accept a cheque in the mail payable to PRA Fighting Fund Account. Please include a note that the funds are earmarked for the Peter Spencer's court case and a return address so that a receipt can be issued.
Send the cheque to PRA Office PO Box 609, Rockhampton Q 4700 and the office will forward the funds on.

On Monday 10 November - Peter Spencer will submit his list of witnesses with the reasons why they are important to the case.
On Wednesday 12 November - Peter Spencer will appear before Justice Mortimer to argue the reasons why he wants to call the witnesses.

UPDATE # 2 Monday 10th November
The hearing on Wednesday 12 November will be at 2:30 PM in the Federal Court, Queens Square CBD Sydney before Justice Mortimer.  Peter Spencer will be arguing the reasons why he wants to call the witnesses on his list.  We can anticipate that the Commonwealth and NSW Government Solicitor will be opposing most if not all of them. 
If you are close enough to Sydney and have the time – Peter would really appreciate your presence.  We have a view that the legal system (like any other arm of Government) works best when it is subject to public scrutiny.

UPDATE #3 Tuesday 11th November

Tomorrows Witness Application Hearing has been delayed, and the hearing is now SET TO START AT 4:30 PM.

Tomorrow is not the start of the trial, but it is nevertheless a very significant day. By now, those that Spencer wants to call as witnesses know who they are, and you can bet that the Australian Government Solicitor (for the Commonwealth) and the Crown Solicitor’s Office (for NSW) will be going all out tomorrow to have them all struck off the list.

Win, lose or draw, one of the outcomes is that the Judge will have to read through the reasons WHY Peter Spencer wants to call each one. In other words, the witness list and Spencer’s reasons will paint a picture for the judge of the parts played by all of these “worthies”.


Sunday, 26 October 2014

Kill Kyoto Liabilities

by Viv Forbes
cartoonist Gary Varel
The Kyoto Protocol was dreamed up by the Climate Jet-set in Kyoto, Japan in 1997.

One of the first decisions of born-again-green PM, Kevin Rudd, was to commit Australia to Kyoto Phase 1 in 2007.  This treaty required signatories to reduce production of carbon dioxide to 5% below 1990 levels by 2012.

As a late joiner, Australia got a lower target, involving no actual cuts.  And they achieved that easy target
by robbing Australian landowners - they stole carbon credits from landowners by imposing tree clearing bans. That larcenous trick can’t be pulled twice.

Ironically, the death notice for the Kyoto misadventure was posted by Japan, the birthplace of Kyoto, when they announced at Cancun in 2010 that Japan would not agree to any further targets. Japan was shocked at the billions in liabilities they had accumulated by not meeting Kyoto 1 target cuts.

Undeterred by this warning, another ALP/Green government agreed to Kyoto 2 in 2012 – 5% below 2000 levels by 2020.

This target, agreed to without due diligence, is dreamland stuff for Australia. Once the growing population is taken into account, this target would require Australians in 2020 to maintain industries and create new jobs using 30% less hydro-carbon energy per capita than was used in 2000.

Mining and mineral processing, agriculture, manufacturing, transport, tourism, electricity generation, cement, forestry and fishing are the backbone industries of Australia. Not one of these industries could maintain production while also significantly reducing their production of carbon dioxide, unless Australia embarks on a crash program of building new hydro and/or nuclear power stations. The chance that green regulators or politicians will allow either of these options any time soon is zero.

The use of carbon fuels, more than any other indicator, measures the growth and health of modern economies.
The only way to kill carbon is to kill the economy – close industries or send them overseas. The Global Financial Crisis probably did more to reduce the use of hydro-carbon fuels than Kyoto will ever do.

Japan’s exit from Kyoto obligations was soon followed by Canada and Russia. USA never signed, nor did China, India, South Africa or Brazil.

Thus the four biggest economies in our region (USA, China, Japan and India) are not burdened by Kyoto. Nor are our big competitors - Brazil (iron and beef), Indonesia (coal), Chile (copper) and Canada (wheat). We only have the Kiwis and the faraway Europeans sharing the sinking Kyoto ship.

The Kyoto Agreement is a failure. Australia repealed
the costly carbon dioxide tax. Next we should get rid of Kyoto liabilities.

sourced from WUWT

Friday, 17 October 2014

Greenpeace Co-founder Patrick Moore: Greenpeace is evil.

Reposted from the Australian Climate Sceptics blog

Just before he embarks on his Down-under tour (See tour schedule HERE) , Patrick Moore has labelled the body he co-founded - Greenpeace - as evil and guilty of losing its humanitarian roots.

From the MailOnLine:
  • •  Co-founder Patrick Moore says organisation doesn't care about people
  • •  He cites example of a GM-rice which would help millions if widely produced
  • •  Dr Moore says fact that Greenpeace oppose crop shows it is 'evil'
  • •  Comes after the ecologist quit the group because it became 'too political'

  • Ecologist Dr Patrick Moore, who quit Greenpeace in 1986, has launched a scathing criticism of the activist group, which he insisted has lost its humanitarian roots. 
His attack on the organisation he helped create comes as former Environment Secretary Owen Paterson campaigns against the 'self-serving' and 'highly-paid' network of environmental pressure groups he calls the 'green blob'.  (LINK)
Dr Moore told BBC Radio 4's Today Programme: 'My problem with Greenpeace is they have lost any humanitarian roots they had. 
'When we started Greenpeace it was to stop nuclear war and the destruction of human civilisation, that of course is the "peace" in Greenpeace. 
'The "green" is the environment and that's good as well, but they lost the concerns for humans... They have turned, basically, into an evil organisation.'
Read More HERE