NSW PLANNING DECISIONS REFLECTING CLIMATE REALITY

Over the last year or two an increasing number of people have realised that climate change is not something that will affect us in twenty or more years.  It’s affecting us now. The continuing severe drought as well as the unprecedented fires in this country and elsewhere are some of the signs that time is running out for effective action to prevent the onset of more catastrophic impacts .

This realisation about the present reality and mounting threat of climate change has been reflected in two significant decisions against coal projects in NSW this year.

In late 2017 Gloucester Resources had its application for the Rocky Hill Coal Project near Gloucester on the Mid North Coast rejected by the Independent Planning Commission. The company appealed this decision in the Land and Environment Court. 

Early in 2019 this Court refused the appeal on a range of grounds, but what was significant was what was said about climate change. The chief judge stated that emissions from the mine and its coal product would increase total global greenhouse concentrations at a time when a rapid and deep decrease in emissions was needed.

Last week the Independent Planning Commission announced it had refused approval to Kepco’s even larger coal mine in the Bylong Valley, 55km from Mudgee.  In a statement the Commission said, “The project is not in the public interest because it is contrary to the principles of ESD [ecologically sustainable development] - namely intergenerational equity because the predicted economic benefits would accrue to the present generation but the long-term environmental, heritage and agricultural costs will be borne by the future generations.” 

In referring to the greenhouse gas implications of the mine, the Commission cited the comments made by the Land and Environment Court Chief Judge in the Rocky Hill mine judgement earlier this year.

These decisions have set a precedent in NSW which may serve as an example to other states. In addition it has been welcomed by those concerned about climate change who oppose the opening of new coal mines.

            -Leonie Blain

 This article was originally published in the VOICES FOR THE EARTH column in The Daily Examiner on September 23,  2019

RIGHT TO FARM BILL AN ATTACK ON RIGHT TO PEACEFULLY PROTEST

The NSW Government's Right to Farm Bill which is currently before the NSW Legislative Council has been very widely criticised by lawyers, unionists and environmentalists because of its scope and harsh penalties.

The Bill purports to be about protecting farmers from people going onto their land and disturbing their farming activities and is claimed to be in response to animal rights protests on farms. However, it appears to be a further attempt by the Government to limit the right of people to peacefully protest - a right which is a cornerstone of our democracy.

The Bill deals with "inclosed lands".  This covers many more locations than farms.  The term includes industrial worksites, forests, mine sites, schools and banks and other commercial operations.

Was this an oversight - the unintended consequence of a poorly drafted piece of legislation?  If it was, the Government could easily amend it so that it only applied to farms and dealt with farm trespass.

However, despite the criticism already received, the Government does not seem interested in doing this.  So it would appear that the broad scope of the Bill is exactly what was intended.

Furthermore, those concerned about the over-reach in this Bill claim that the Government already has adequate laws to deal effectively with farm trespass. 

The Government's fear of public protest started it on this path to attacking the rights of protesters several years ago. Its anti-protest laws in 2016 led to the introduction of very heavy fines and prison terms.

It would seem that those draconian measures are now regarded as insufficient to intimidate those who want to protest, who want to shine a light on practices or policies  by government or others that are unsustainable or unjust.

The current Bill increases penalties even further.  The penalty for someone acting alone is a fine of $13,200 or a year's imprisonment or both.  Those acting with two or more people are liable to a fine of $22,000 or imprisonment for three years.

Penalties such as these are intended to intimidate community members so that they will be wary about undertaking protests in inclosed lands for fear they will be fined or imprisoned.

Major environmental issues - particularly in State Forest management and the growing catastrophic biodiversity loss - highlight the need for community action - including protests - to alert the broader community and encourage the Government to improve its stewardship of our natural world.

As it stands this Bill is an attack on an important democratic right.  It also highlights why Australia needs a Bill of Rights, something most other liberal democracies have to help protect citizens' rights.

BUSBYS FLAT FIRE BURNS KOALA COLONY

NORTH EAST FOREST ALLIANCE (NEFA)

MEDIA RELEASE 

October 9 2019

The Busbys Flat fire south of Casino has burnt through one of the most important Koala colonies on the north-coast in Braemar, Carwong and Royal Camp State Forests, according to the North East Forest Alliance.

NEFA estimate that some 350-700 Koalas inhabit these State Forests, with many likely to have been directly affected by fire and smoke, and many more affected by the loss of browse, according to NEFA spokesperson Dailan Pugh.

"The most urgent need is for a search and rescue operation for fire affected Koalas.

"Koalas were already suffering from the drought, and are now likely to have been significantly impacted by these fires. It will take years for Koalas to recover.

"NEFA calls upon the NSW Government to abandon its imminent plans to log some of the best Koala habitat in Braemar State Forest. The resident Koalas are likely to have been severely affected by the fire, and suitable browse will be in short supply for months to come, the last thing they need is for the Forestry Corporation to log their surviving feed trees.

"The Environment Protection Authority undertook systematic Koala surveys in Royal Camp and Carwong State Forests in 2015, surely the first step needs to be to reassess those areas to identify how this population has been affected.

"NEFA has also amassed abundant data on Braemar's Koalas to contribute to any post-fire review. 

"The danger is that if the Forestry Corporation blunders in there now it could be the death knell of this nationally significant Koala population", Mr. Pugh said.