Archive for the ‘NSW News’ Category

Oct

6

NSW & Vic GM Farmers Names & Location on Gene Ethics Web Site Map

Executive Director of Gene Ethics Bob Phelps [ pictured below] writes:

We have produced a map of Genetically Manipulated (GM) Roundup tolerant canola sites and GM canola depots in NSW & Victoria. Click on the link to see the maps.

We have published these maps today with information gleaned from media reports. GM canola pollen and seed dispersal threaten many rural industries with gene contamination.

image of Bob Phelps Gene Ethics.

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Our map will help protect GM-free grain growers, beekeepers and harvesters from GM contamination. Only one in a thousand farmers is growing GM canola this year, but they pose an unacceptable risk of GM contamination to all other farmers, rural industries, local government and shoppers.

Monsanto has grossly inflated the scale of GM plantings and the number of GM farmers to draw others into buying its patented seed next year. GM canola contamination is inevitable if we don’t act to stop it now as the GM giants are determined to make all NSW and Victorian canola GM as soon as possible.

States acknowledged that GM segregation and containment are impossible when they set a 0.5% threshold for ‘accidental’ GM contamination in seed for planting, and 0.9% in harvested grain.

It’s impossible to stop the spread of canola seed during windrowing, harvest and transport, with at least 2.5 million seeds per hectare and they can lie dormant for up to ten years before germinating.

(more…)

11 Comments

Jun

30

Persecuted NSW / VIC Farmer Speaks Out

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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Have your say! Leave Farmer Stephen Blair your message of support or your thoughts on the issue.

12 Comments

Apr

2

$10 Billion Carbon Case Advances in Federal Court

Agmates editor Steve Truman writes:

Late Breaking News:

Alastair McRobert just called from the steps of the Australian Federal Court in Sydney with the latest developments in the Peter James Spencer v’s The Commonwealth of Australia otherwise know as the $10.8 billion Carbon Case.

Photo of Peter Spencer on his farmToday Justice Emmett accepted Mr Spencer’s (pictured left) Statement of Claim and told the court he thought that it was a reasonably arguable case.

In the matter of the Injunction stopping the Commonwealth government from using Carbon Credits accrued from tree clearing bans to met its Kyoto target, Justice Emmett stood the matter over until next Thursday, 2.30pm.

The Commonwealth has denied any acquisition of Mr Spencer’s property, but needed to consult with the Commonwealth before they could argue their case against the injunction any further.

Photo Kevin Humphries Nationals MP for Barwon NSWAlastair told me that Peter’s Legal council Peter King was quiet happy with today’s outcome. He also said it was pleasing to see Kevin Humphries the National Party State MP for Barwon northern NSW (pictured left) at the hearing, lending his support to farmers.

For those interested, Alastair will be interviewed by Meg Strang ABC radio Dubbo and Western Plains tomorrow morning. At this stage that interview should be replayed on the NSW country hour. Naturally we’d like to see it played on the country hour in most states as it is a Commonwealth issue of rural significance.

Have your say!

Do you think the Federal Government should be able to take private assets ‘for the good of the nation’ and not pay fair and just compensation?

Leave you answer, reply, question or comment below or click on the Blue word Comments and do it there.

7 Comments

Jan

14

Courts to Protect “oppressed” Australian Farmers

New South Wales Farmer Peter Spencer writes:

Agmates Comment:

Finally NSW farmer Peter Spencer is to get his legal right to a court hearing. Through the implementation of Land Clearing ban’s via the NSW State Governments Native Vegetation Act, Peter’s Alpine property has been rendered worthless, to date without any compensation.

Many people, green organizations and politicians have forwarded the argument that farmers have to stop land clearing for “the National Good” so we could meet our Kyoto targets.

These same people also argue that no compensation should be paid. This was certainly the argument put forward by the previous Coalition Government and the State Labor governments.

Thomas Jefferson (pictured), the 3rd US President, author of the “Declaration of Independence” and a great advocate for liberty & democracy in his inaugural address of 1801 said ( italics added by Agmates):
Thomas Jefferson

“All, too, will bear in mind this sacred principle (of a free and just democracy), that though the will of the majority is in all cases to prevail (the will of the majority in Australia is that land clearing should be stopped), that will to be rightful must be reasonable; that the minority (farmers affected by those Land Clearing bans) possess their equal rights, which equal law must protect, and to violate would be oppression.” (Locking up huge areas of privately owned productive farming land under state Native Vegetation Legeslation without compensation has violated privated landholders legal rights. This by definition of one of the founding fathers of Democracy Thomas Jefferson - is oppression).

It is now up to the legal system here in Australia to protect this minority of it’s citizens against this legislative oppression.

Peter Spencer reports:

Today the Vacation Judge in the Supreme Court of NSW, the Hon Justice John Perry Hamilton, made orders restraining the Minister for Climate Change the Hon Phil Koperberg and the Conservation Trust of NSW administered by his Department on the application of Monaro farmer Peter Spencer ( pictured below ).

Peter SpencerPeter Spencer has claimed that the NSW Government at the request of the Commonwealth has destroyed the productive use of his land, by means of the harsh implementation measures both governments have adopted under the National Vegetation Initiative.

Acknowledging this the NSW Government has offered to buy Mr Spencer’s land under the Farmer’s Exit Assistance Programme. Mr Spencer claims that offer is at a significant undervalue. When the matter came before the Court on 4 January 2008 Hamilton J indicated that he thought there was an arguable case for injunctive relief by the Court, especially on the ground of unconscionable conduct by the State.

The Minister and the Trust agreed to the interim orders by consent today, allowing Peter Spencer to argue his case at final hearing, which is expected by the middle of the year.

Mr Spencer’s counsel Mr Peter King argued before the Court that Mr Spencer was “a genuine victim of the implementation of the Kyoto Protocol”. Mr King also argued that “notwithstanding the importance of the aims of Kyoto people like Peter Spencer should not be discriminated against”. He was being asked to shoulder “a disproportionate burden for implementing the Kyoto measures” he said.

Mr Spencer said to day “I am relieved that the Court has given me an opportunity to put my case on these questions. I believe it is unconscionable that the Conservation Trust has accepted my case that on the one hand the Native Vegetation Act 2003 has put me out of business and then on the other hand seeks to make a profit out of me by buying the land at a gross undervalue, only then to re-sell it later at a profit.”

1 Comment

Dec

21

Court Declares Farmers Have “Arguable Case” for Compensation

Cobar Western NSW Farmer and CPPA member Alastair McRobert writes:

In what has been described as a legal first, Federal Court Judge Justice A.R. Emmett has ruled that farmers have an “arguable case” for compensation from the Commonwealth Government’s Kyoto Protocol driven ban on “Tree Clearing”.

In the Federal Court of Australia in Sydney on Thursday 20th Dec 2007, the Court rejected the Commonwealth’s application to strike out a Statement of Claim entered into the Court by Monaro District farmer Mr Peter Spencer.

Pictured Below is Monaro District farmer Peter Spencer on left at his property in the Australian Alps with one of the CPPA legal team Professor Erryl Higgins.
Picture Peter Spencer & Prof Errol Higgins
Mr Spencer has claimed that Intergovernmental Agreements between the Commonwealth and the States and Territories, along with the International Treaty the Kyoto Protocol that was signed in April 1998 that set Greenhouse Emissions Targets that Australia have to meet by 2012, bind both the Commonwealth and State together.

The Carbon Sink developed on his property by the State banning Land Clearing has expropriated Mr Spencers property and prohibited the lawful use of his land for Agricultural purpose and no payments for sequestration and storing Carbon has been negotiated, this acquisition was not on “Just Terms” as the Commonwealth Constitution provides for just compensation for the acquisition of property.

Counsel representing Mr Spencer in proceedings, high profile Sydney Barrister Mr Peter E King said after the hearing, “This is the first occasion in Australia’s legal history that it has been found there was an “arguable case” against the Commonwealth on behalf of farming interests that the Kyoto Protocol may give rise to Property Rights”.

Mr Spencer said ” I am delighted that my case will be heard and it vindicates my beliefs, farmers have as much right as coal - miners to recognition under the Climate Change Convention “.

The Commonwealth legal team now have until the 10th of February to present their arguments with the case due back in court on the 14th of February.

After upwards of 50 court appearances, where his case has been struck off without arguments being considered, Peter Spencer and his high powered legal team are very happy to finally have the facts of his case heard in the Federal Court.

If successful in their next appearance the case will go to trial at a date to be set for later in 2008.

3 Comments

Filed Under NSW News, Property Rights |

Dec

11

Farmer & Lifetime National Party Voter - No More!

Central West NSW Farmer Rob Wass writes:

I would like to add further to your story Rural Press Must Sack QCL Editor to Regain Creditability.

I posted the following Comment with Rural Press (Farmonline) following a story appearing there under the title of Nats Set to Lose 3 more Seats and the opinions of Barnaby Joyce and Mark Vaile as to the reasons why the Nationals had performed so badly.

It seems apt for this story and your comments with respect to the QCL editorial staff. Of course, it is only reality to also say that any criticism of QCL, when it comes to Force Feeding its readers with material of what it thinks is best for farmers and livestock producers is like Water off a Ducks Back.

Pictured is Rob Wass preparing for planting crop at the Wass families property “Wallaroy” Warren New South Wales.
Rob Wass and tractor

It appears that what’s left of the National Party think that and, according to Barnaby Joyce, It was WorkChoices and Mark Vaile ‘It was Change for Change sake’ that led to the Nationals all but being decimated at this last election.

Nothing could be further from the truth. The Nationals still have not worked out that you can only stab your support constituents in the back for so long before they become tired and fall over. Start with the massive con job enabling State Governments to Steal our Land with draconian environmental laws, all achieved under the protection of Federal Legislation then sit back and deny what you had done.

Let’s move on to the hugely unpopular and invasive policy and law that enabled Meat and Livestock Australia, a turnout that basically hangs the family farmer out to dry.

Now let’s move on to the completely inept performance of successive Agriculture Ministers and the same goes for the negotiating skills within the department of Trade that give new meaning to the gambling term ‘Bluff’.

On trade issues Australia has nothing more to negotiate with, all our trade barriers are down, so what’s left; throwing stones!

In a nut shell the Nationals sold out the family farmer in favour of a misguided concept that is known on the world stage as ‘Vertical Integration’ that, in full flight, the large and powerful devour the small and powerless resulting in near ‘Nationalisation’ of the agriculture sector.

The problem emanating from the fact that the large and powerful only amount to a hand full of votes.

The National Party also failed to understand that their advice givers, the NFF and State farming organisations, do not and, have not for a long time, represented the views and aspirations of the majority in the farming community, therefore this advice has been defective.

Making policy on the back of defective advice probably is not a good way to govern but then again what do I know!

I am just a farmer whose vote was one of many that left, for the first time, the National Party at this election.

Rob Wass.

2 Comments