Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Monday, 25 June 2018

Peter Spencer's background story Part 1 of 3

Peter Spencer with his oldest daughter, Sarah in 1980,
after he purchased his farm at Shannon's Flat near Cooma, NSW


In 1980, Peter Spencer bought 14,000 acres in southern New South Wales (near Shannon’s flats and on the ACT border). It had previously been significantly cleared during the 1930’s and 40’s, however, regrowth had occurred so that only about 2000 acres was uncleared at the time of purchase.

Throughout the 1980's Peter was involved in tourism in the Papua New Guinea highlands. He became close to Jiga tribesman Paias Wingti, who when he regained office as Prime Minister of PNG bought Peter to Port Moresby in the mid 1990's. Peter drafted a National Law and Order policy which dealt with corruption, which later may have been the reason an attempt was made on his life and encouraged a permanent return to Australia to begin work as a farmer on Shannon's Flat.


Peter returned to find the laws had changed and he could no longer manage the regrowth to return the land to productivity. In 1997, the Federal Government under John Howard decided to meet its Kyoto Protocol commitments with shifty accounting: they offset greenhouse-gas emissions with uncleared vegetation on private property. To avoid any obligation for compensation (under the Australian constitution), legislation to prevent land clearing was used at State level. NSW Premier Bob Carr introduced the Native Vegetation Act.

Peter attempted to use his land gainfully with a trout fishing enterprise – this ran into water problems. He set up a fine wool breeding program (in association with CSIRO) – the Canberra fires of 2003 destroyed surrounding national parks, driving dogs and kangaroos onto his property, killing many of his sheep.

In 2005, Peter commenced legal action for just compensation for the loss of his property rights.

Read - 'The war on farmers' by Peter Spencer, written in 2006

Further references for the above background information:
http://evacuationgrounds.blogspot.com/p/peter-spencer.html

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Peter Spencer's background story Part 2 of 3

Peter Spencer's background story Part 3 of 3

Thursday, 28 May 2015

PRA: Landowner denied rights must not be repeated


Photo sourced - The Chronicle
Premier Palaszczuk’s election campaign launch speech promise[1] to reinstate the repealed Vegetation Management Act (VMA) could almost be forgiven as being ill informed but now after 100 days in office for the Premier to outline it as a priority task to be achieved is highly alarming. In a letter to the Minister for Natural Resources & Mines Anthony Lynham, the Premier gave the direction to,[2] "Re-instate the vegetation protection laws repealed by the previous government to reduce the clearing of native vegetation” 


Property Rights Australia is most concerned that senior members of the Palaszczuk government, including the Premier herself, have failed to grasp that the VMA was not repealed but amended[3] and amended modestly at that. Unlike the over the top approach taken in resource legislation, the Newman government amendments to the VMA were restrained, responsible and restored basic tenets of our legal system; civil rights that the wider community take for granted but had been denied to landowners. There have been many column inches devoted to the horror of the reversal of the onus of proof under the so-called “bikie laws”[4] including by the Labor party.[5] Qld was the first jurisdiction in Australia to reverse the onus of proof[6] and it happened under the Beattie Labor government’s Vegetation Management Act.[7]  We expect this type of attack on the Justice system not to be repeated 

The current government should be wary of pressure by various “green groups” which are continually being proved to be lacking in substance or in touch with real situations impacting real people in Queensland at this time.  Activists with an environmental agenda have lost no time in getting in the governments ear with the incorrect notion that the VMA had been repealed and landclearing is again out of control.  Published articles by a group of academics calling themselves “concerned scientists”[8] show little scientific integrity, deceptive selection of the facts and exaggerated conclusions.  WWF in its latest Living Forests report[9] devote a whole chapter with the use of “projections” to forecast a resulting deforestation from changes to environment legislation.  WWF believes that your brigalow suckers are “critically important” and without a word about compensation of production loss to the landowner states the desire to see brigalow regrowth to mature for 30 years to provide wildlife habitat. Typically Dr Tim Seelig, Queensland Campaign Manager for the Wilderness Society makes gross exaggerations,[10]

”The LNP substantially weakened land clearing controls in Queensland, resulting in a return to large scale clearing and an impending tree clearing crisis on a massive scale.”

In responding to questions in the Queensland parliament on May 13 from the Member for Warrego Ann Leahy, Dr Lynham said that,[11] “we have no plans to change those specific portions such as the self-assessment criteria.”  PRA believes to revert back to the old arrangements of a deadly slow time frame to obtain permits to harvest the self-regenerating acacia mulga crucial for drought fodder would defy logic.[12]  

With 80% of Queensland in drought it is most likely graziers concerned for the welfare of their livestock; feeding mulga will most likely be the greatest contributor to any increase in the area of land clearing.[13] Mulga is well known for its ability to re-establish itself.
Gidgee trees are notorious for encroaching
Photo sourced ABC Rural - New tree clearing laws in Queensland

Going by where the most fervour of the radical environmentalist is directed, provision of clearing for high-value agriculture[14] is the area most at risk for attention by the Palaszczuk government. Tim Seelig in his dedicated vehemence says,[15]

“The LNP approved at least five massive land clearing projects in northern Queensland, including at Olive Vale. Those five projects total 113,000 hectares. Other approvals include almost 60,000 hectares at Strathmore Station in the Gulf Country.” 

To provide some perspective Qld is a large state covering 1,727,000 square kilometres with over 200 national parks covering 6.5 million hectares.[16]  Most agricultural production essential to feed our population by necessity occurs off land that is thinned of its vegetation or a large percentage cleared.  Land has been set aside for different purposes and its time environmentalists reserve full conservation management to National Parks only and don’t transfer these expectations to agricultural production systems. The introduction of the VMA caught large tracts of north Qld under developed with landowners uncompensated for declining production.  

Recently the federal member of Leichhardt, Warren Entsch, gave some perspective of the clearing being undertaken at Olive Vale calling activists claims, “emotional clap-trap.”[17]  Mr Entsch owned Olive Vale up to the early 2000’s said that,

“He believed the area to be cleared – which represents less than 10 per cent of the station – was mostly open country with few trees. 

“There’s not a lot of agricultural opportunities in Cape York, but those areas that have been identified through the scientific process are areas where we should be going, giving an economic opportunity for people living in the area,’’
 
It is rather inconvenient for the environmental activists the recent release of the international scientific paper, ‘Recent reversal in loss of global terrestrial biomass’[18]  that showed vegetation in Australia has actually increased with the encroachment of trees into grassland a key factor. Dr Bill Burrows in a 2013 paper, “Bushland at risk of continued tree and shrub thickening in Queensland” wrote,[19][20]

“Many other land types were, and remain, subject to increased “thickening” of the over-storey or sub-canopy tree and shrub cover, or both, over time. Likewise trees are actively encroaching on some native grasslands . Examples of this changing structure and composition of the vegetation include mulga thickening in country east of the Warrego River, gidgee encroachment onto Mitchell grasslands , increased eucalypt cover in the Desert Uplands and Central Highlands/Burdekin Catchment  and tea tree invasion of grasslands in Cape York. Even National Parks and reserves abutting grazing land are subject to ongoing tree thickening e.g. the disappearing grassy balds of the Bunya Mountains, acacias invading grasslands on Moorinya N.P. and rainforest invading wet sclerophyll forest in the wet tropics.”

 
Rural Queensland does not need a repeat of the full extent of the poor archaic Beattie Labor government legislation that was enforced in a vindictive, punitive manner.[21] [22]

 As stated by Premier Palaszczuk in her directive to Dr Lynham,[23] “it is important to achive the best outcomes for Queenslanders” and “to make all decisions and actions in the public interest”.  To reverse the current strict guidelines already in place for tree clearing in Queensland will not deliver the best outcomes for Queenslanders and as seen in the past, replacing cooperation with coercion and heavy-handed administration creates more problems and is not effective or productive.
Another downgrade in crop yield is possible
Photo sourced ABC Rural - the hot issues as Queensland

 
PRA has been aware and is highly concerned that in recent months of DNR&M staff appear to have been given directives to find someone to hold up as an errant example to what would appear to be an excuse to review the current tree clearing legislation to appease election promises made to green groups.  Legal firm Ferrier & Co principle Tom Marland recently made the statement based on evidence from a number of clients who have been subjected to formal inspections last month that,[24]

“it was clear from the imagery and mapping that DNRM were not inspecting irregularities but were inspecting properties to support prosecutions.

“DNRM have sufficient information to determine whether charges should be laid. The purpose to inspect and speak with landholders is to falsely obtain a confession or some form of omission of guilt.”
 
PRA strongly advises landowners that if departmental staff approaches them on a land clearing matter to immediately seek legal advice. In these circumstances usual country hospitality and openness should not apply.


Previous published related article
 


Tuesday, 13 May 2014

PRA 2014 Conference - Proactive protection of your rights

Property Rights Australia media release:
Proactive protection of your rights – Coal Seam Gas & beef roundtables  

Property Rights Australia is offering those who attend their 11th annual conference a couple of opportunities seldom available on their own let alone packaged in the two day event in
Roma on 12 – 13 June 2014.
 
 
Speaking about the conference theme of, proactive protection of your rights PRA chair Joanne Rea said, “a field trip and presentations will give practical insights how you can be pre-emptive in protecting your rights. The main subjects covered at this conference will be the resource sector especially coal seam gas impact on landowners and also the proposed Global roundtable for sustainable beef.”
Day one has a full itinerary of property visits including a full scale developing coal seam gas field; not usually available for the general public. Connecting infrastructure for CSG fields such as high voltage Powerlink transmission lines will also be covered on the field trip. Attendees will be able to view infrastructure and talk directly to the landholders about their experiences.
On day 1 visit to Brett Griffin’s property “Sydeva”, north of Yuelba which has over 100 coal seam gas wells under development

Day two is the full-day conference with expert guest speakers including from leading legal firms. Mrs Rea said that, “PRA has endeavoured to bring together law firms who specialise in representing landholders and have an active hands-on presence in the Surat Basin. This creates the opportunity for attendees to access the combine expertise rarely gathered together at the one venue.”

 Member for Warrego Howard Hobbs will open the conference and Senator Barry O’Sullivan, proposer of the “Square Table” for beef will be the keynote speaker.

There will be one session of three speakers and a question & answer time devoted entirely to the crucial underground water resource. “Even if you are totally unaware of any imminent resource projects there are simple practical measures the landholder can undertake now with property bores that will give some protection to water supply in the future.”, Mrs Rea said, “This conference is planned to cater to provide knowledge from the absolute novice to those experienced in negotiations with resource companies with targeted talks by high calibre speakers.”

The conference is open to all and the cost has been reduced as far as possible so as to be affordable. Considering the access throughout the day to leading law firms the conference offers high value for money.

Please contact Property Rights Australia 07 4921 3430 to book your place.
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Monday, 17 March 2014

Peter Spencer: NFF withdraws funds



by Ian Hampton

NSW farmer Peter Spencer outside the High Court, Canberra
Peter Spencer, photo sourced ABC
On Thursday 6 March, on the NSW ABC Country Hour, Michael Condon interviewed Hugh Nivison, Chairman of the Trust administering the Australian Farmers Fighting Fund (AFFF). 
 

The interview was in response to Spencer supporters informing the Country Hour that the fighting fund assistance used to back the legal fight against the Commonwealth had been stopped, and that this untimely withdrawal has left Spencer 'high and dry' at a critical time as the case is getting closer to going to trial.

 

However, when challenged by Michael Condon, Mr Nivison said that was not accurate.  Mr Nivison “blew a bit of smoke”, saying the fund had only committed to funding the process of legal discovery and is now looking at the documents to see if any more assistance is warranted, according to the merits of the evidence.  He also said "It is a complicated issue and we want to have a look at the evidence before we make a decision on where we go to from here," he said.

There is a report on the issue, and an audio of the interview on http://www.abc.net.au/news/2014-03-06/nrn-spencer-case-funding-in-limbo-6-3-14/5303300

Nivison’s statement lacks credibility.  Peter Spencer’s solicitor, Mr Peter McKell was advised by letter in January that the funding was to cease and the letter is clear and makes no such qualification.  It includes the following words “the Trust has now carefully reviewed the above matter post discovery.  As a result of this review the Trustees have formed a view to no longer support the case, and the Trust therefore will provide no further funding for this matter (Spencer v The Commonwealth of Australia)”.

The AFFF website home page includes the following two statements:  

Established in 1985 - by farmers for farmers - the Australian Farmers' Fighting Fund (AFFF) provides financial, legal and professional assistance to farmers facing major issues that have the potential to set legal precedents.”
 

“The AFFF supports farmers in their fight against unfair and unwarranted barriers to the development of sustainable farming practises and vibrant regional communities.” 

Surely the Spencer case meets both of these tests.  One has to wonder why the AFFF Trustees firstly, and without qualification withdrew the AFFF funding, and when challenged resorted to making politician like statements about their support – when the Fund’s continued support is most needed.
 

The Spencer camp are not inclined to let the issue rest; it is hoped that a supporter will be interviewed on NSW Country Hour in the near future to clearly put forward the facts of the issue.
 
Previous related posts
 
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