Three days late, but finally the media reports Clarence Valley's disillusionment with NSW Labor

On 30 September 2014 NSW Opposition Leader John Robertson announced state Labor’s ‘CSG Free’ Northern Rivers policy which would impose a permanent total ban on coal seam gas exploration and mining within the Northern Rivers – while at the same time he carefully excised the southern-most parts of the Northern Rivers from that ban.

It took another two days before the media deigned to notice that the Clarence Valley was not amused by Robertson’s bypassing of the July 2014 NSW Labor State Conference resolution which sought to also protect the Clarence Valley.

However, on 2 October 2014 journalist Kate Matthews finally gave this valley a voice in response in The Daily Examiner article Clarence left out in the coal:

A PLEDGE to ban coal seam gas mining in key seats across the North Coast has been criticised by an anti-CSG group concerned that the Clarence Valley remains at risk.

State Opposition leader John Robertson earlier this week announced CSG exploration and extraction would be banned permanently across the Northern Rivers if the ALP won the state election in March.

The policy does not extend to the Clarence Valley and Gasfield Free Northern Rivers (GFNR) spokeswoman Lynette Eggins said she couldn't understand why.

"Obviously we're all upset and disillusioned. To be left out is insidious," she said.

"Everyone knows the Clarence is part of the Northern Rivers.

"We should be looking at banning CSG across the whole of NSW, not just the Northern Rivers."

Ms Eggins said Clarence Valley residents were among the first to condemn the CSG mining process.

The 2012 Glenugie blockade, south of Grafton, was the first in a series of protests targeting the process.

"GFNR spokesman Dean Draper said the Northern Rivers community overwhelmingly opposed CSG mining and politicians needed to heed the message.

Greens mining spokesman Jeremy Buckingham said the Opposition should include the rest of the state in its ban.

"While the Greens welcome the Labor announcement banning unconventional gas in specific North Coast council areas, it is disappointing that Labor are making their coal seam gas policy based on cynical electoral politics rather than basic principles of protecting land, water and communities everywhere in NSW," Mr Buckingham said. "Labor were the party that unleashed coal seam gas across a third of NSW by issuing 39 exploration licences when they were last in office." Earlier this week the NSW Coalition Government extended its ban on new CSG exploration licence applications for another year.

The Daily Examiner contacted the office of Mr Robertson for comment but did not receive a response.

A protest march is planned for November 1 in Lismore, calling on the government to cancel all gas licences covering the Northern Rivers.

The battle for citizens to retain the right to 'protest in order to protect' continues in Abbott's Australia

Industries and individual businesses with a history of severe environment degradation or pollution have never liked this the fact that COMPETITION AND CONSUMER ACT 2010 - SECT 45DD exists:

Situations in which boycotts permitted……..

Dominant purpose of conduct relates to environmental protection or consumer protection

             (3)  A person does not contravene, and is not involved in a contravention of, subsection 45D(1), 45DA(1) or 45DB(1) by engaging in conduct if:

                     (a)  the dominant purpose for which the conduct is engaged in is substantially related to environmental protection or consumer protection; and

                     (b)  engaging in the conduct is not industrial action.

Note 1:       If an environmental organisation or a consumer organisation is a body corporate:

(a)    it is a "person" who may be subject to the prohibitions in subsections 45D(1), 45DA(1) and 45DB(1) and who may also be covered by this exemption; and

(b)    each of its members is a "person" who may be subject to the prohibitions in subsections 45D(1), 45DA(1) and 45DB(1) and who may also be covered by this exemption.

Note 2:       If an environmental organisation or a consumer organisation is not a body corporate:

(a)    it is not a "person" and is therefore not subject to the prohibitions in subsections 45D(1), 45DA(1) and 45DB(1) (consequently, this exemption does not cover the organisation as such); but

(b)    each of its members is a "person" who may be subject to the prohibitions in subsections 45D(1), 45DA(1) and 45DB(1) and who may also be covered by this exemption.

Apparently enough submissions were received on the subject of secondary boycotts that the Harper Competition Policy Review September 2014 Draft Report included this recommendation and comment:

 

Draft Recommendation 32 — Secondary boycotts proceedings

Jurisdiction in respect of the prohibitions in sections 45D, 45DA, 45DB, 45E and 45EA should be extended to the state and territory Supreme Courts.

A number of submissions raised the issue of the environmental and consumer exception to the secondary boycott prohibition. Consumer and environmental organisations argued for retention (or expansion) of the exception, while industry groups and others argued for its removal.

During consultations undertaken by the Panel, it appeared that the primary concern expressed by industry representatives is that environmental groups may damage a supplier in a market through a public campaign targeting the supplier that may be based on false or misleading information.

A question might arise whether a public campaign undertaken by an environmental or consumer  organisation against a trading business, advocating that customers ought not purchase products from the business, should be subject to the laws prohibiting false, misleading and deceptive conduct.

Presently, those laws only apply insofar as a person is engaged in trade or commerce.

However, expanding the laws concerning false, misleading or deceptive conduct to organisations  involved in public advocacy campaigns directed at trading businesses raises complex issues.

Many public advocacy campaigns directed at trading businesses concern health issues (e.g. tobacco, alcohol  and fast food) or social issues (e.g. gambling).

Consideration of the expansion of those laws in that context is beyond the Terms of Reference of the Review.

On the other hand, where an environmental or consumer group takes action that directly impedes the lawful commercial activity of others (as distinct from merely exercising free speech), a question arises whether that activity should be encompassed by the secondary boycott prohibition.

The Panel invites further comment on this issue.

However, the draft report recommendation possibly opens the door for extending consumer and environmental protection permitted boycott provisions to all states and territories if a matter concerning this issue reaches their Supreme Courts, because two (45D & 45DA) of the five prohibition sections mentioned are in effect subject to the aforementioned 45DD consumer protection and environmental protection exemptions.

The Harper Review’s final report is due before the end of March 2015.

Concerned citizens need to watch the Abbott Government response to that final report because many of its ideology warriors are not above muttering underneath their breath about ‘green terrorists’.

Abbott's parliamentary troops have publicly broken ranks with their leader

Members of the Parliamentary Joint Committee on Human Rights:

Senator Dean Smith, Chair Western Australia, LP

Laurie Ferguson MP, Deputy Chair Werriwa, New South Wales, ALP

Andrew Laming MP Bowman, Queensland, LP

Ken Wyatt AM MP Hasluck, Western Australia, LP

Senator Matthew Canavan Queensland, NAT

David Gillespie MP Lyne, New South Wales, NAT

Senator Carol Brown Tasmania, ALP

Senator Claire Moore Queensland, ALP

Michelle Rowland MP Greenway, New South Wales, ALP

Senator Penny Wright South Australia, AG

The Committee has the following brief:

a) to examine Bills for Acts, and legislative instruments, that come before either

House of the Parliament for compatibility with human rights, and to report to

both Houses of the Parliament on that issue;

b) to examine Acts for compatibility with human rights, and to report to both

Houses of the Parliament on that issue;

c) to inquire into any matter relating to human rights which is referred to it by the

Attorney-General, and to report to both Houses of the Parliament on that

matter.

To date this committee has considered 140 legislative instruments received between 2 August and 5 September 2014 and, on 24 September 2014 the majority Coalition component (3 Liberals, 2 Nationals) finally found the spine a national electorate had thought lost forever by voting to inform Parliament, the Prime Minister and Cabinet that the government’s policies concerning unemployment and superannuation: (i) limits the citizen’s right to social security, an adequate standard of living, an adequate standard of health care; (ii) discriminates on the basis of age; and (iii) breaches the International Covenant on Economic, Social and Cultural Rights (ICESCR) to which Australia became a signatory in 1972 and ratified in 1975.

Excerpts from the Committee’s Twelfth Report of the 44th Parliament September 2014:

Minerals Resource Rent Tax Repeal and Other Measures Bill

2014

Portfolio: Treasury

Introduced: House of Representatives, 1 September 2014

Purpose

1.50 The Minerals Resource Rent Tax Repeal and Other Measures Bill 2014 (the

bill) would repeal the mineral resources rent tax (MRRT) by repealing a number of

acts (Schedule 1).1

It would also make consequential amendments to other

legislation,2

required as a result of the repeal of the MRRT (Schedules 2 - 9)……

Committee view on compatibility

Right to social security

1.56 The right to social security is guaranteed by article 9 of the International

Covenant on Economic, Social and Cultural Rights (ICESCR). This right recognises the

importance of adequate social benefits in reducing the effects of poverty and plays

an important role in realising many other economic, social and cultural rights,

particularly the right to an adequate standard of living and the right to health.

1.57 Access to social security is required when a person has no other income and

has insufficient means to support themselves and their dependents. Enjoyment of

the right requires that sustainable social support schemes are:

*  available to people in need;

*  adequate to support an adequate standard of living and health care; and

*  accessible (providing universal coverage without discrimination and

qualifying and withdrawal conditions that are lawful, reasonable,

proportionate and transparent; and

*  affordable (where contributions are required).

1.58 Under article 2(1) of ICESCR, Australia has certain obligations in relation to

the right to social security. These include:

*  the immediate obligation to satisfy certain minimum aspects of the right;

*  the obligation not to unjustifiably take any backwards steps that might affect

the right;

*  the obligation to ensure the right is made available in a non-discriminatory

way; and

* the obligation to take reasonable measures within its available resources to

progressively secure broader enjoyment of the right.

1.59 Specific situations which are recognised as engaging a person's right to social

security, include health care and sickness; old age; unemployment and workplace

injury; family and child support; paid maternity leave; and disability support.

Right to an adequate standard of living

1.60 The right to an adequate standard is guaranteed by article 11(1) of the

ICESCR, and requires States parties to take steps to ensure the availability, adequacy

and accessibility of food, clothing, water and housing for all people in Australia.

1.61 The obligations of article 2(1) of the ICESCR also apply in relation to the right

to an adequate standard of living, as described above in relation to the right to social

security.

Deferral of proposed increase in compulsory superannuation contribution

1.62 Schedule 6 of the bill defers by ten years the proposed gradual increase in

the compulsory employer superannuation contribution to 12 per cent.

1.63 The statement of compatibility concludes that Schedule 6 does not engage

any human rights, noting that the deferral of the proposed increase in the

compulsory superannuation contribution:

…does not affect an individual's eligibility for the social security safety net

of the Age Pension (funded from Government revenue), which continues

to be a fundamental part of Australia‘s retirement income system to

ensure people unable to support themselves can have an adequate

standard of living.

1.64 However, in the committee's view, the provision of superannuation engages

both the right to an adequate standard of living and the right to social security.

1.65 Accordingly, the previously legislated increase in the compulsory

superannuation contribution may be viewed as a measure to promote both of these

rights. The deferral of the introduction of that measure may therefore be viewed as a

limitation on those rights.

1.66 The committee's usual expectation where a limitation on a right is proposed

is that the statement of compatibility provide an assessment of whether the

limitation is reasonable, necessary, and proportionate to achieving a legitimate

objective. The committee notes that to demonstrate that a limitation is permissible,

legislation proponents must provide reasoned and evidence-based explanations of

why the measures are necessary in pursuit of a legitimate objective…..

Repeal of low-income superannuation contribution

1.68 Schedule 7 of the bill proposes to repeal the low-income superannuation

contribution (LISC) for contributions made for financial years starting on or after

1 July 2017. The statement of compatibility concludes that Schedule 7 does not

engage any human rights, noting that the LISC:

…was funded with the expected revenue from the MRRT, which is being

repealed. In order to ensure that the concessions in the superannuation

system are sustainable for present and future generations, the LISC is also

being repealed.8

1.69 As discussed above, the committee considers that the provision of

superannuation engages both the right to an adequate standard of living,9

and the

right to social security.10

1.70 The proposed reduction of the amount paid to low-income earners to

compensate them for the tax paid on their superannuation contributions therefore

may be viewed as a limitation on these rights.

1.71 The committee's usual expectation where a limitation on a right is proposed

is that the statement of compatibility provide an assessment of whether the

limitation is reasonable, necessary, and proportionate to achieving a legitimate

objective…..

Read the full report here.

Wither to for the Clarence Valley now that it is politically friendless?

http://www.metgasco.com.au/information/pel-map

Coal seam and tight gas exploration and wannabee production company Metgasco Limited is facing the loss of two out of three of its Northern Rivers tenements, if Labor wins government in the March 2015 state election in New South Wales and implements its permanent total ban on CSG/unconditional gas exploration and mining in Tweed, Richmond Valley, Ballina, Byron, Kyogle and Lismore City local government areas.

Unfortunately this leaves the company with a single tenement covering much of the Clarence Valley, once any future state Labor Government finished “exploring” water catchment issues and lifted the proposed temporary state-wide prohibition on coal seam gas mining.

Why is the Clarence Valley in this situation? 

Possibly in part it is because Opposition Leader John Robertson and Sussex Street sees the Clarence electorate a safe Nationals seat and they have given up on valley communities before the election campaign even starts.

It is also possible that because Metgasco considered PEL 426 to have the highest potential for productive gas strata, NSW Labor may done a backroom deal with Metgasco’s board in order for the company to have one remaining marketable reserve/asset left to either sell-off or develop.

Unfortunately for the Clarence Valley, having the current NSW Baird Coalition government retain government or Nationals MP for Clarence Chris Gulaptis retain his seat is not going to secure a gasfields free future for our communities either.

Metgasco’s PEL 426 tenement is exempt from the NSW Government freeze on new exploration licences and it can apply for a Petroleum Assessment Lease (PAL) to develop wells within the Clarence Valley.

I note that the 2013 test well at Glenugie confirmed a thickening of the Walloon Coal Measure towards the axis of the Grafton Trough with 11m of coal and carbonaceous shale intersected over the interval 495 to 700m and, PEL 426 is listed as potentially containing both coal seam and allegedly 'conventional' gas by the company.

As for the NSW Greens – they are ignoring the plight of the Clarence Valley (which is situated in the southern-most section of the Northern Rivers) and are instead calling for just Coffs Harbour local government area to be additionally included in the proposed Northern Rivers permanent total ban area.

The Yuraygir Coast and Range Alliance has called at meeting of concerned Clarence Valley residents on Thursday 2nd October for 5.30-7.30pm at Gurehlgam, 18 Victoria St, Grafton.

Hopefully this won't be the last meeting of its kind and concerned Clarence Valley residents will continue to voice their opposition to the establishment of local gasfields.

UPDATE

On 29 October 2014 NSW Labor announced that it had decided to include the Clarence Valley in its policy permanently banning coal seam gas/tight gas/unconventional gas exploration, mining and production in the Northern Rivers region.

Here are the top 20 shareholders out of the 6,331 Metgasco Limited shareholders trying to bully the NSW Government and Northern Rivers communities into accepting their planned commercial coal seam gas fields

Coal seam & tight gas exploration company Metgasco Limited’s Annual Financial Report for year ending 30 June 2014:

SHAREHOLDER INFORMATION

The shareholder information set out below was applicable as at 17 September 2014.

The Issued Capital consisted of 448,702,530 fully paid ordinary shares.

There were 4,759 holders of these ordinary shares.

There were 1,572 holders of less than a marketable parcel of 8,065 ordinary shares.

The distribution of holders was:

Number of Fully Paid Ordinary Shares Held Shareholders %

1 – 1000 437 0.04

1,001 – 5,000 844 0.58

5,001 – 10,000 677 1.26

10,001 – 100,000 2,100 18.28

100,001 and above 701 79.84

Total 4.759 100.00

'NOT CSG FREE' - NSW Labor Opposition Leader John Robertson cravenly betrays the Clarence Valley

At the NSW Labor State Conference in July 2014 the following urgency motion was passed by the political wing of the party:

That Conference:

1. Notes:
a) on the NSW North Coast there is overwhelming community opposition to Coal Seam Gas and Unconventional Gas mining and mining operations;
b) the community's concern relates to the harmful effects of CSG mining on water quality, farm lands, the environment, communities, residents' health and tourism;
c) the CSG industry has no social license to operate on the NSW North Coast;
d) the NSW North Coast has unique environmental qualities; and
e) CSG mining is incompatible with the NSW North Coast's important employment sectors including tourism and agriculture;

2. Condemns the NSW Liberal/National Party Government's pro-CSG fracking, drilling and expansion agenda on the NSW North Coast; and

3. Calls on the NSW Labor Party to:
a) support an immediate moratorium on all CSG activities and licences within the boundaries of the State Parliamentary seats of Lismore, Ballina, Clarence, and Tweed on the NSW North Coast; and
b) support a declaration that the State Parliamentary seats of Lismore, Ballina, Clarence and Tweed be 'CSG Free' and therefore be off limits to the Coal Seam Gas and Unconventional Gas industries. [Janelle Saffin & Justine Elliot Federal Labor MP for Richmond]

On 30 September 2014 the parliamentary wing of the NSW Labor Party announced that it had incorporated a ‘CSG Free’ Northern Rivers into the policies it is taking to the March 2015 state election.

Robertson, Spooner, Smith and Goodman Media Release 29 September 2014:

The Northern Rivers region is unique.

It is one of Australia’s most biologically diverse areas supporting a variety of significant habitats. Many parts of the Northern Rivers have been given World Heritage recognition, and the region is also home to key industries like tourism, manufacturing and agriculture which support thousands of local jobs.

It is the job of a responsible government to protect the Northern Rivers from activities which threaten the region’s precious environment, local industry, businesses and agricultural land.

Good economic development must support and enhance our environment – and Labor will ensure the risks associated with the expansion of CSG and unconventional gas will not threaten the Northern Rivers.

Yours sincerely

John Robertson

Unfortunately NSW Labor Opposition Leader John Robertson has decided that the Clarence Valley, its vital water catchment, tourism, sugar cane, commercial ocean/estuary fishing, forestry and cattle do not form part of the Northern Rivers and he has excised this region from his pledge to voters:

                                                                                                                         

Labor is committed to ensuring we do not compromise the quality of drinking water supplies by allowing CSG and unconventional gas exploration within the core catchment areas.

Labor will declare a total ban of CSG and unconventional gas in the Northern Rivers of NSW, encompassing the local government areas of Ballina Shire, Byron Shire, Kyogle Shire, Lismore City, Tweed Shire, and Richmond Valley. This region is pristine and stunning with World Heritage listed national parks and recreational areas.

It has a unique quality of life with a blend of lifestyles ranging from alternative to agriculture. It has a mild, sub-tropical climate with a significant elderly and retirement population. The region also has the nation’s most significant internal migration in Australia.

The industries of tourism, cattle, sugar and dairy all rely on the area’s natural values.

The environmental values of the region are internationally significant. The development of the CSG and unconventional gas industry would fundamentally undermine these environmental assets and the economic drivers that rely on them and should not be allowed. [my red bolding]

When I telephoned his Sydney office I was told “at least you have the moratorium”. As if this lesser pledge, to only allow the Clarence Valley to be turned into unconventional gas fields after Labor has ‘explored’ the issue, was a given and not the open-ended election promise that it is:

Moratorium on all Coal Seam Gas:

* Labor will implement an immediate moratorium on Coal Seam Gas across the state. We will suspend all coal seam gas exploration licenses and stop any new extraction licenses being issued.

* Coal seam gas drilling poses clear and present risks to the integrity of our State’s drinking water. It has the potential to damage aquifers, interfere with fragile marine life and compromise our food basin.

Ban CSG from around core drinking water catchments:

* Labor will ban CSG from around core drinking water catchments. This recognises that there are certain no-go zones where coal seam gas extraction should never be allowed.

* In 2013 Labor introduced legislation to ban CSG from drinking water catchments in Sydney and the Illawarra. Labor is committed to exploring similar protections in catchments right across NSW. [Office of the Leader of the Opposition 30 September 2014]

Any Labor candidate standing in the seat of Clarence in 2015 need not bother knocking on my door – he or she has lost my vote from this day forward.

Nor will the Federal Member for Richmond Justine Elliot be receiving any favourable words from me in future, given the part she and the former Federal MP for Page Janelle Saffin played in abandoning the Clarence Valley to an uncertain future at the hands of a rapacious unconventional gas industry, as well as their misleading social and mainstream media statements.

As for Messrs. Spooner, Smith and Goodman standing as Labor candidates in the aforementioned favoured electorates. They were well aware of what they were condoning when they put their names to this betrayal of the southern-most parts of the Northern Rivers. They can expect that I will not be offering them any support either and will be loudly reminding people of their political perfidy during the 2015 state election campaign.

UPDATE

On 29 October 2014 NSW Labor announced that it had decided to include the Clarence Valley in its policy permanently banning coal seam gas/tight gas/unconventional gas exploration, mining and production in the Northern Rivers region.