Legal challenge over Section 11 of the Pulp Mill Assessment Act

Three Tamar Valley business owners and Environment Tasmania have recently launched a Supreme Court challenge to the Tasmanian Government’s approval of Gunns’ pulp mill.

Using the infamous Section 11 of the Pulp Mill Assessment Act, the government has refused repeated requests to provide reasons for its assessment and decision to approve the mill.

Analysis of the strategic environment surrounding the pulp mill approval process

An analysis of the strategic planning environment for the planned pulp mill was presented to TAP members in early May 2008. Presenter was Mike Bolan.

Its purpose was to inform planning and decisions about where to focus efforts.

Some slides from that presentation are shown below to give a whole of system perspective . It follows on from a workshop that identified the needs of community members of TAP who live in the affected area of the Tamar Valley and northern Tasmania.

Letter 14 TAP to ANZ re Chief Scientist's requirement for Gunns to monitor roadkill


Mr Gerard Brown
ANZ Group Headquarters
100 Queen St Melbourne Vic 3000
gerard.brown@anz.com   


Dear Sir

We wish to draw attention to the impacts on threatened species from Gunns Ltd’s proposed Long Reach pulp mill in northern Tasmania and the role of ANZ as prospective principal banker.

We and the general public understand that the ANZ has serious obligations under the Equator Principles to examine the environmental aspects of the pulp mill project and the pipeline route.

Law and Justice Part Company – Tasmanian Pulp Mill Assessment Act 2007


Our state politicians have passed an anti-democratic law (Section 11, Pulp Mill Assessment Act) which says you are not entitled to appeal for compensation for damages caused by Gunns pulp mill to your business, property values or health.

Peter Henning writes about the “Limitation to rights of appeal” (Section 11) and how people are excluded from access to the court.
 

Tasmanian neo-liberalism – A new vision for terra nullius

....“If the law is unjust, then access to the law is not access to justice.”  (Julian Burnside 2006)

The Pulp Mill Assessment Act 2007 is an unjust law. It is a law which promotes dispossession.  It is a law which fosters a new form of political terra nullius in Tasmania. Section 11 of the Act is abhorrent in its meaning and intent.  Those who voted for it do not deserve to be, and cannot claim to be, representatives of the people.

The Pulp Mill Assessment Act 2007 should be repealed
....

By Peter Henning

Rudd and the pulp mill


.....If Rudd is sincere in his belief that in modern Australia the real battle of ideas is between free-market fundamentalism and the notion that individual wealth should be balanced by social responsibility, the pulp mill is a vital test....

Peter Henning

About the system which guarantees passively acquiescent voters

... Another indication is that Tasmanians in the 2007 federal election voted overwhelmingly for politicians who have no concern about any of the impacts of the pulp mill on them or future generations.  They voted for politicians who have ignored all independent expertise and advice, from economists to scientists, from doctors to former members of the sidelined state RPDC, and of course they voted for politicians who have ignored hundreds of public submissions.

Tasmania - a failed democracy?

Introductory address by Chair, Bob McMahon at the public meeting held in the Tailrace Centre, Launceston 29/4/08 and attended by 640 people.

DEMOCRACY is the worst form of government.

“Democracy is the worst form of government……” Winston Churchill said that. He then went on to say “..except for all those other forms that have been tried from time to time.”

Poll results on government spending priorities

20-28 March 2008 EMRS poll

1000 Tasmanian adults were interviewed by telephone. Of these, 500 were from the South, 280 from the North and North East and 220 from the North West and West Coast regions. (Please note that the original data for question 1 was incorrectly transcribed. The correct data showing the results  for question 1 are shown below. Our apologies for any confusion - an embarrassed Admin)

Question 1: of five areas (listed below) which is the most important for the government to spend money?

 Results:

  •      Health Infrastructure and Services 69% (692)
  •      Education Infrastructure and Services 16% (162)
  •      Public Housing 8% (82)
  •      Water Reform 5% (53)
  •      Infrastructure specifically for the Pulp Mill 1% (11)

Question 2: of the 5 listed which is the least important for the Government to spend money? Results:

  • Infrastructure specifically for the Pulp Mill 79% (794)
  • Water Reform 11% (107)
  • Public Housing 8% (82)
  • Education Infrastructure and Services 1% (14)
  • Health Infrastructure and Services 0% (3)

Findings

Only 11 respondents (1%) found the “infrastructure specifically for the Pulp mill” to be the most important area for the government to spend money. 69% found “health infrastructure and services” to be the most important. “Infrastructure specifically for the Pulp mill” was seen as the least important area for the government to spend money by over three quarters of respondents (79%).

Commentary

What is revealed in these poll results is a huge gap between what the people polled see as funding priorities and what the Premier of Tasmania and the State Government are doing and plan to do with public monies. The Premier and the State Government have allocated public money to expedite and promote the Gunns pulp mill and are "examining" building a $60 million pipeline from the Trevallyn Dam to Long Reach to supply water to the pulp mill. The State and Federal Governments are spending $70 million on improvements to the East Tamar Highway.

At a time when essential services such as health, education, public housing are being run down the Government is essentially misappropriating public money to build Gunns their pulp mill.

These poll results show how unpopular this policy is with the Tasmanian people. TAP spokesman Bob McMahon said the "the Labor Party must change direction and to survive it must cut the leader loose. You can have either a pulp mill or a health system. You can't have both."

Source www.tapvision.info

For the history of poll results about the pulp mill see opinion polls.

ANZ opinion poll result

7 April 2008 EMRS poll

A survey of 1000 householders was conducted by EMRS between the 20th and 28th March 2008. Of these, 500 were from the South, 280 from the North and North East and 220 from the North West and West Coast regions.

Question: are you in favour of or against the ANZ bank funding the pulp mill? Responses:

  • In Favour 29% (294)
  • Against 45% (451)
  • No Opinion 26% (255)

On a two answer preferred basis; in favour = 39%, against = 61%.

Source www.tapvision.info

  TAP media spokesman Bob McMahon said "the poll result means that Tasmanians have not only refused Mr Gay and mr Lennon a 'social permit' to build their mill but also the ANZ bank". "With such high lvels of community ill will towards this project, the ANZ must reasonably expect that many of these Australian might move their accounts from ANZ if the Bank funds the mill" he said. "It is therefore important that the people continue to tell the ANZ not to fund Gunns' pulp mill", he continued. Email ANZ CEO Mike Smith at gerard.brown@anz.com or pamela.tann@anz.com or phone ANZ head office on 03 9273 5168 or 03 9273 6141.

Our Taxes at work.

Here is an attempt to put a few figures to the cost to taxpayers of building the pulp mill. This does not include the fact that Gunns will have to service this new loan and profits head offshore to shareholders. Nor does it take into account that there will be a 15% oversupply of pulp coming on line from 47 new mills worldwide, and Gunns may have to go back to the various governments for further direct subsidies to keep afloat. The individual figures are all open to tweaking, but it does illustrate the size of the problem that we are (not) being asked to fund.

THE FUTURE

"Anniversary of a serial killing" - address by pulp mill expert, Dr Warwick Raverty on Gunns proposed pulp mill

Dr Warwick Raverty spoke to a memorial service on the first anniversary of Gunns withdrawal from the Resource Planning and Development Commission, outside Gunns’ head office in Lindsay St. Lauhceston 11am on Friday 14th March. His speech is a powerful statement about the failings of democracy in Tasmania and the use of spin and propaganda by those who believe that your rights as an individual are subordinate to the interests of the state. Dr Raverty called on all Tasmanans to stand up against Gunns' pulp mill and defend the same freedoms that our forefathers fought and died for at Gallipoli.

TAP/ A Better Australia strategy workshop outcomes re pulp mill and Rudd / Lennon governments

A Better Australia and TAP conducted two workshops with approximately 120 members to plan strategies to stop the pulp mill.

 

Sorted outputs from TAP/ A Better Australia presentations on 21 Jan 2008

 

What concerns does audience have for the future?

Social issues

  • Ignorance & apathy of public
  • Disempowerment of the young
  • Lack of education & political education for our young
  • Fragmentation of community into dysfunctional nuclear families
  • Dysfunctional entrenched political thinking
  • Insanity
  • Loss of jobs to overseas call centres
  • Lack of engagement in political process
  • Lack of engagement in local government process
  • Inability to distinguish between needs and wants
  • Poor understanding of power of vote (not enough Green votes??)

Unrealisable expectation

  • Exponential growth

Failing systems

  • Lack of public transport
  • Disempowerment of teachers
  • Dysfunctional media from community perspective

Results of poor policy

  • Erosion of democracy
  • Too much ‘made in China’ not enough ‘made in Australia’
  • Health service degradation
  • Breakdown of viable careers into short term contracts
  • Biases created by tax policies
  • No rewards for good long-term thinking
  • Lack of balance

Quality of environment

  • Pollution and effects of herbicides

Information systems

  • Degradation of ABC

Threats

  • Genetic modification and risks
  • Corporate greed
  • Rising prices

Political and governance issues

  • Paul Lennon retiring on public money
  • Lack of political accountability
  • Lobbying asymmetry

Survival

  • Lack of self sufficiency/sustainability – personal, regional, national, cultural and moral

 

 

What people would like to have in a better future?

Ecology

  • Application of ecological wisdoms to natural and ‘human’ ecosystems
  • Clean, green Tasmania
  • Fresh air, clean water
  • Tasmania as ‘Noah’s Ark’ for self sufficiency

Human affairs

  • Happiness should be a major goal
  • Create a charter of rights for all citizens
  • Create friends instead of terrorists
  • Participatory democracy in communities of interests
  • Hold social justice as a common good
  • Create/engage in meaningful work
  • Explore different economic models
  • Respond to global needs
  • Remove barriers to information
  • Query big/growth is good mindset
  • Develop sustainable societies
  • Caring communities, countries and world
  • Involve local communities
  • Spiritual society using moral values including ecological
  • Local, interest free currency systems
  • Conserve energy
  • Deal with sound pollution (sensory privacy)
  • More individual self sufficiency
  • Create a first class health system for everyone

Energy

  • Use distributed energy systems

Governance

  • Restrict defence forces to defence activities
  • Abolish two party system – back to democracy
  • Use citizen created referenda
  • Trade in a politician/foreign exchange scheme
  • Rotate parliament like jury duty with ordinary citizens
  • Ban corporate sponsorships of political parties
  • Priorities that include education
  • Re-evaluate arson & corporate arson
  • Consistent laws around Australia Plan for 30 – 50 years, not just parliamentary cycle
  • Assure base income for all citizens
  • Restrict alcohol to those over 21 yrs

Resources

  • Locally produced, in season, fresh foods and produce
  • Buy Australian/Tasmanian

Global

  • Dismantle atomic energy plants

 

 

  

Notes from TAP meeting, 2008-02-22

 

What do you stand to lose if this mill goes ahead?

  • Water
  • Health
  • Livelihood and life savings / income
  • Wildlife and sea creatures
  • Northern Tasmania as we know it
  • Democratic processes
  • Recreational pursuits
  • Safe roads
  • Tourism industry
  • Food production
  • Fresh air
  • Forests

Who do you trust?

  • Who trusts the Lennon Govt?
  • Who trusts Gunns?
  • Who trusts Peter Garrett?

 

Who can stop the mill?

Banks / financiers

  • Why?
  • Too risky (project or economic climate)
  • Not making money from project
  • Losing other customers

Gunns

  • Lose their subsidies
  • Loss of feedstock
  • Board members can vote against it
  • Loss of reliable water supply
  • Competition – world market / profitability
  • Gunns contractors – let them know the consequences for their future business


Government – State

  • Lennon leaves
  • Lennon compromised, loses support / power

Government – Federal ** preferred strategy **

  • Whistleblowers – forced Royal Commission.
  • Project is against Rudd Government’s national goals and targets – eg Greenhouse/Global Warming
  • If took a proper look at project and discovered the inadequacies
  • Government feels more expensive to keep paying Gunns subsidies than to stop it now.
  • Gunns may not meet Chief Scientist’s requirements
  • Impact on economy – present a positive alternative?
  • Mass of mobilised public opinion

 

Others Raised

  • Workers – people building the mill
  • Courts
  • Treasury
  • International treaties

The Carbon Neutral Myth

Carbon Trade Watch www.carbontradewatch.org is monitoring the corruption of the climate change debate by the carbon offset industry particularly by tree planting. The Carbon Neutral Myth highlights several ways in which the carbon offset approach to climate change is fundamentally flawed. See carbon_neutral_myth.pdf to read the full story. Summary From the late Middle Ages, Western Europe became slowly but surely engulfed by the tide of mercantilism that superceded the feudal economy. This system, which to us is second nature, was revolutionary at the time. It was, in its own way, the first wave of economic globalisation to wash over Europe. Mercantilism, simply put, is a system of economic relations in which goods purchased in one place are sold at a much higher price somewhere they are scarce. The Catholic Church, at the time suffering from a shortage of funds, decided to use the burgeoning market ethic to its own material advantage. Catholic doctrine maintains that to avoid time in Purgatory after you die, you need to expiate your sins via some sort of punishment or task that is an external manifestation of your repentance. The idea was that the clergy were doing more of such actions than their meager sins demanded, so they effectively had a surplus of good deeds. Under the logic of the emerging market, these could be sold as indulgences to sinners who had money, but not necessarily the time or inclination to repent for themselves. Chaucer’s The Pardoner's Tale immortalised the sale of such indulgences by pardoners, which was essentially how the church took a market-based approach to sinning as a means of income generation. The Brazilian theologian Dr. Odair Pedroso Mateus pointed out in 2001 that indulgences are “not about grace and gratefulness but about exchanging goods, about buying and selling, about capitalism”. Many centuries later, there are new indulgences on the market in the form of carbon offsets. The modern-day Pardoners are companies like Climate Care, the Carbon Neutral Company, Offset My Life and many others. These selfstyled ‘eco-capitalists’ are building up what they claim are ‘good climate deeds’ through projects which supposedly reduce or avoid greenhouse gas emissions. These wholesale emissions reductions can then be profitably sold back at retail prices to modern-day sinners who have money, but not necessarily the time or inclination to take responsibility for their emissions, and can afford to buy the surplus ‘good deeds’ from the offset companies. Most offset schemes take the following approach. A simple calculator on a website shows the quantity of emissions produced by a certain product or activity. The customer can then choose from a variety of projects that promise to ‘neutralise’ an equivalent amount of emissions by energy-saving, or through carbon absorption in trees. The consumer pays according to the claimed project costs and the amount of emissions to be ‘neutralised’. Most carbon offset companies cater to both individuals and corporations. Corporations can pay to ‘neutralise’ emissions generated by the production of consumer items or services, which can then be marketed on the basis of their climate-friendly credentials. This process has been dubbed ‘carbon branding’. The carbon offset market is booming. In the first three quarters of 2006, about EUR 89 million were sold to companies and individuals all over the world, up 300 per cent from 2005. It is predicted that the voluntary offsets market will be worth EUR 450 million in three years time. Even offset industry insiders are concerned about the lack of regulation and scrutiny of the new market.

TAP roadkill survey

As part of the Federal conditions, Gunns have had to do road surveys for 3 months for roadkill to get their permit. We saw very little sign of this happening so we have conducted our own survey with the valuable help of many volunteers over a number of months. We are asking the federal department to compare ours with Gunns to make sure the work has been done. We are awaiting further information.