Victorian / New South Wales 5th Generation Upper Murray farmer and small business person Stephen Blair speaks out about his persecution by DPI bureaucrats that resulted in him being fined a total of $17,300 for NLIS (National Livestock Identification Scheme) breaches in an Albury Court last week.
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NSW / VIC Farmer Stephen Blair (pictured) writes:
DPI Grandstanding Premature and Inaccurate
The charges laid by the DPI against myself arose after extensive surveillance and undercover action by the Victorian Department of Primary Industry (DPI), NSW DPI and Hume Rural Lands Protection Board.
My only crime is running two properties, one in Victoria, on the border at Tallangatta and the other, Little Billabong at Holbrook in NSW. The properties are 100 kms. apart in direct line, and 150 kms. by road. They are located in adjoining local councils/shires, being Towong in Victoria and Hume in NSW.
Click Here to see the location of my properties and the Corryong saleyards in Victoria.
The DPI admitted in court that utilising the same NLIS ear tag on different properties under one management/ownership, in adjoining local council areas, in both states is common .
They also admitted that there are several examples of people utilising either State’s tag in the adjoining State, where a property crosses the river or border .e.g. Jingellic, Victoria/ NSW and Gondawindi, NSW/Queensland.
Utilising Victorian NLIS tags in NSW is by itself not a breach of the regulations, but doing so and then removing them from the property is.
In relation to this particular incident there were 800 cattle in the yards, with eight people working on them and trucks going to sale at Corryong (VIC), agistment in the North and back to the home property in Victoria.
Photo #2: Our property’s have been in the grips of the 6 year drought that has reeked havoc in Southern Australia. The shot below is of myself and my family hand feeding our cattle. We have not only had to contend with the stress of this ‘never ending drought’ but on top of that the ‘harassment’ of these DPI bureaucrats has taken a huge toll on my personal health not to mention my families well being.

I could not guarantee that cattle tagged that day did not leave the property. I could establish that some may have been tagged and left the property so I pleaded to a number less than 25, Not 177 as the DPI charged and are apparently still claiming.
The DPI have admitted that they could not prove due to insufficient evidence that any cattle had left the property after being tagged in breach of the regulations so my plea of guilty in relation to a number less than 25 was no doubt a relief and a godsend to the DPI, given their now grandstanding activities.
Minister MacDonald (NSW Minister for Primary Industries pictured) linking my behaviour and actions with a ‘foot and mouth disease outbreak’ (click on link to see ministers statement) or any disease outbreak is scurrilous and damaging.
My herd has been closed for 50 years with the only introductions being stud sires and the occasional stud cows for genetic improvement. Indeed it is the only herd in Australia that carries a MN3 Johnes Disease status in two states - NSW and Victoria.
This accreditation is only obtained after rigorous auditing, whole herd blood testing and extensive on farm management and administrative reporting: the scheme is administered by the Meat and Livestock Australia (MLA.)
Is Minister McDonald suggesting that the actual MLA disease testing and auditing procedures are deficient? i.e. similar Commonwealth Legislation that he now seeks to enforce on a state basis.
Remember, this is a closed Angus stud and commercial operation on two properties only with stringent management and audit requirements, not just for Johnes.
Minister McDonald’s statement that “Mr Blair’s actions could have delayed tracing long enough to allow a small outbreak of a devastating disease like foot and mouth to spread throughout the country” is defamatory and damaging and appropriate remedies will be sought.
The DPI also dropped another charge of obstructing an officer, also due to a lack of evidence: no mention of this in their grandstanding press release. Erroneously and unfairly, their costs for this charge were also lumped on me by the Magistrate.
An appeal has been lodged against:
• The conviction - being my first offence in any court or jurisdiction
• The severity of the fine
• The costs order.
Consideration has also been given to an application for a re-hearing and plea due to Magistrate Leferve’s obvious bias.
A letter has been sent to the Chief Magistrate of NSW in this regard, to clarify why Leferve heard the case when he had earlier disqualified himself due to his self-admitted attitude towards me, as a result of my behaviour to the court - (not DPI!).
Indeed he mocked me publicly in January 2008 when I was unable to attend court, due to being hospitalised under a stress-related health issue.
I am also intrigued by the DPI’s selective action and prosecution. The NSW DPI’s so-called Agricultural Compliance Manager, Andrew Sanger has been contacted in relation to much more serious breaches of the regulations e.g no NVD and no NLIS on movement of cattle, and he/ the DPI/the Minister have chosen to take no action.
I am not seeking sympathy just a fair go and real justice.
Yours sincerely,
Stephen Blair
Monday, June 30, 2008
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