pulp mill

Last Monday week, 1st February 2010, conservationists down the NSW south coast temporarily stopped logging in South Brooman State Forest, situated between Ulladulla and Batemans Bay.

They have called on the NSW Premier, Kristina Keneally, to halt the destruction. Assurances were given by the NSW Government's deforester 'Forests NSW' to the local community that Forests NSW would ensure damage to threatened species habitat is mitigated.

Endangered Grey-headed Flying Foxes in South Brooman Forest

These assurances are signed off in a Regional Forest Agreement (RFA), yet RFA's have become regarded as logger speak for deferred right to log.

The evidence of habitat destruction in logger 'Compartment 62 and 63', that were earmarked for protection by the community, clearly shows the law is not being implemented.

Spotted-tailed Quolls are escaping to nearby private properties as their habitat is being destroyed, which is particularly alarming as Forests NSW pre-logging fauna surveys failed to identify these animals as being present in the area.

Spotted-tailed Quoll rescued from South Brooman Forest

"Forests NSW are breaching native forest management strategies and wilfully ignoring their own legislated regulations," said Lisa Stone from South East Forest Rescue.

"We are sending a clear message to the NSW and Federal Governments that they must fulfil their international obligations on climate change by protecting their remaining carbon sinks," said Ms Stone. "Forests NSW have fudged the books when it comes to reporting their greenhouse gas emissions. We call on the State and Federal Governments to prove that political will is not extinct and put an end to native forest logging, for us and our children's future."

Neanderthal logger culture in Forests NSW try to justify that many native trees are just too big and mature and so have to be chopped down for their own good, or else because previous logging didn't do good enough job, they're contractors are sent back in to finish it off, or simply the standard crap that logging is good for forest health.
Such a bizarre evil mindset is equivalent to Sr Lanka's President Rajapaksa's genocide of the ethic Tamils last May, whom he finished off quite effectively.

RFAs are no more than a bastard fork tongue instrument - one side used by immoral pollies to spin motherhood environmentalism to the public and 'yes' media, the other side that orders in the heavy artillery for the loggers.

Unlike National Parks which are protected under federal conservation legislation, a 'State Forest' is no more than a timber reserve for loggers to log whenever Forestry NSW says it is ok. A 'State Forest' is logger speak for 'virgins of the vanquished' to rape at will by the 'dogs of logging'.

RFA's may as well stand for Rape Forests Anytime.

And Forests NSW justifies its logging as 'education' to children from kindergarten age to "provide interesting and relevant information about the forest environment, in a stimulating and fun way."

Following Gunns' complete abandonmment of its case which has tied up 20 Tasmanian anti-logging campaigners and their supporters for up to five years of their lives, Victorian Greens parliamentarian Sue Pennicuik MLC called for the Victorian Government to introduce legislation to prevent corporations from ever again similarly abusing the courts with Strategic Litigation Against Public Participation (SLAPP) suits to harass citizens who organise against their environmentally destructive projects.

Protest outside Gunns 2008 AGM

"More than five years has passed since Gunns issued their terrible writ against the 20 defendants", Ms Pennicuik said. "Now, on the eve of going to trial, Gunns Ltd has pulled the pin and opted to pay out the remaining four defendants, rather than go to trial".

"It is clear now that there was never any chance of Gunns winning in court, the writ was simply a cynical strategy to tie up the defendants in a protracted legal action to prevent them from speaking out in defence of our native forests", she said. "It has been a mentally and financially exhausting ordeal for the defendants".

"Now is time for all states and territories to adopt anti-SLAPP (strategic litigation against public participation) laws similar to those already in place in the ACT and in US states such as California and Illinois to prevent such an action ever getting that far again", she said.

"Anti-SLAPP laws empower a judge to dismiss a case if he or she considers that the court is being misused for an ulterior non-legal purpose, i.e. to stop protesters from protesting", she said. "Powerful companies should not be able to use our courts to effectively silence community protest or participation in issues that affect their lives".

"I call on the Victorian Attorney-General, Rob Hulls to prepare anti-SLAPP legislation for Victoria to prevent abuse of the court system by corporations in an effort to silence their critics", she concluded.

For more information: Sue Pennicuik 0409 055 875

Adapted from media release originally published as "Gunns case shows we need anti-slapp laws in Victoria" on the Victorian Greens MPs web site, mps.vic.greens.org.au.
See also: "Gunns urged to drop 'Triabunna 13' case" of 3 Feb 10, "Gunns 20 in the dust" in the Hobart Mercury of 30 Jan 10, "Gunns settles with last pulp mill opponents" in the Australian of 30 Jan 10, "Gunns abandons legal chase" on ABC online of 30 Jan 10, "Gunns payout ends case" in the Age of 30 Jan 10.

Forestry Minister Tony Burke and Premier Bartlett may be rejoicing that Gunns has a joint venture partner, the Swedish company Sodra, for Tasmania's pulp mill. It would be "good" for jobs and for the Tasmanian economy!

Swedish company Södra stated that it would only be involved in a pulp mill in Australia if it was Forest Stewardship Council (FSC) certified, totally chlorine-free (TCF) and 100% plantation-based.

The Wilderness Society

So-called "sustainable" forestry has perpetuated the myth that primary and old growth forests can and should be harvested using "Sustainable Forest Management" (SFM) techniques.

However, forestry has transformed most of Sweden’s forests into plantations and young forests. Sweden's forestry corporations are quickly turning a once a beautiful land of old-growth forests full of life and diversity into clearcuts. Nearly all Sweden's virgin forests are gone. What is left is the old growth forests, and those are being erased now.

Over 1,800 animal and plant species in the Swedish forests are red-listed and many of them are dependent on old trees, dead wood and old-growth forests deciduous trees to survive. This is despite Sweden's example of "good" and "sustainable" forestry industries!

Gunns will still have to pass the final stage of an assessment by the Environment Minister, Peter Garrett, before the mill can operate, but is allowed to begin construction of the project!

Could this be the price that Tasmanians, and Australians, are willing to pay for what is "good" for jobs and the economy?

(pulp mill effluent image on front page is from http://www.surfrider.org/srui.aspx?uiq=a-z/pulp_mills)

Population numbers
Decidedly, the Federal Environment Minister, Peter Garrett, is proving a substantial disappointment on some major environmental group concerns. As President of the Australian Conservation Foundation he infuriated Australians who were concerned about too much population growth in this country by heading an organisation which refused to voice their concerns and failed to uphold its own constitutional policy on population, but would act as if it was representing the Australian public and ACF constitutional values in this matter.

RAMSAR Wetlands
Since becoming Environment Minister, Garrett has outraged the Blue Wedges, a substantial environmental movement in Victoria, centred around the health of Port Phillip Bay because of what they see as his abject failure to protect the bay, including its RAMSAR wetlands areas, and his failure to meet his obligations under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC) Act to consider sustainability principles – including intergenerational equity.

Intergenerational Equity

"How," asks Blue Wedges, "can it be equitable to future generations of humans - and all other species for that matter- to leave a legacy of a toxic dump in the Bay, 60 times larger than the Hattah Nowingi site near Mildura? It is worth remembering that in 2006, the Mildura site was rejected, first by the community and then by an independent planning panel."

EPBC Act
Australian wildlife campaigners had hoped that Garrett in government would intervene to make the EPBC Act more effective. Instead he has relied upon its inherent weaknesses to support more development in and destruction of important environments around Australia. Environmentalists, many who elected him, have found his performance bitterly disappointing. (The Act had never been very strong but had been further watered-down by the Howard Government in 2006 amendments.)

Murray Darling Basin

And his failure to intervene in the Murray Darling Basin South Australia crisis has provoked disgust. Here, as with Port Phillip Bay, RAMSAR wetlands and fragile marine ecosystems are threatened.

The Arts

Yesterday, The Age reported that Garrett, as Minister for the Arts has let down the arts community badly, defending the Rudd Government’s 3.25% funding cut to small public sector agencies, such as the National Gallery of Australia, National Library of Australia and the Australian War Memorial. See: http://news.theage.com.au/national/cultural-institutions-get-enough-money-20080825-41xf.html

Broad agreement that Garrett is a dud

In short there is broad agreement that Garrett is a dud – although calling someone a dud is likely to have one ejected for the House of Representatives (ABC PM tonight – 26-8-08) …..It seems even parliamentary privilege is no protection for robust criticism any more - So much for freedom of speech in this fair land!

Green Senator denied CSIRO research report on Gunns Pulp Mill

On the 21st of August, Senator Christine Milne strongly criticized Garrett’s failure to supply her Freedom of Information request for a CSIRO research report from a member of an independent expert group which has the task of reviewing material submitted by Gunns pulp mill.

Query about pulp mill effluent dumping

According to her press release of 21-8-08, Senator Milne believes that the report relates to “Gunns’ intention to dump 64,000 tonnes of effluent into Bass Strait per day and the probabilities of it exceeding the allowable effluent concentration.”

Garrett's department mired in process?

On 22 August, Garrett, in an ABC Radio National Breakfast interview with Fran Kelly Garrett seemed basically to be saying that his department would not release the report Milne was complaining about because the material in it had not been verified and because there was a process whereby Gunns could be asked to supply more information to clarify the material in the report. One wonders if Garrett was being circumspect because of the possibility that Gunns (famous for having pursued 16 individuals - including Green MPs Bob Brown and Peg Putt - and four green organisations - including the Wilderness Society - for a total $6.3 million damages arising out of protests and campaigns against the company) could sue for defamation if a report led to financial losses and could be shown to be knowingly premature or incomplete.

Senator Milne seems to be indicating in her complaints, that she believes that the report must already be adequately informed.

Deadline for Gunns

In the interview with Fran Kelly of the ABC it was made clear by Garrett that Gunns has until October 4, 2008, to finalise its input into the Government's assessment process. It sounded like Garrett might well give Gunns more time if it requested this.

Both Senator Milne, in her 21 August press release, and Fran Kelly in her 22 August interview with Garrett, described Gunns' as if they were in severe financial difficulty and as if the question of the amount of discharge they might be contemplating was the focus of much speculation in the business community.
Senator Milne: “With Gunns stock in freefall, and rife speculation in the investment community as to the content of scientific studies, this is not the time for the Government to prioritise Gunns’ commercial interest over the public interest."

Fran Kelly: "Yesterday, shares in Gunns were at an eight year low, in fact placed in a trading halt while the company goes out seeking this funding. In the last few weeks doubts have been raised about the future of the pulp mill. Leighton Holdings boss, Wal King, says it will never be built and there are some reports that even the new Tasmanian Premier, David Bartlett is sceptical."

This kind of comment about Gunn's financial situation should, one would think, tend to alleviate any anxiety Mr Garrett might have about the possibility of defamatorily prejudicing Gunns' business outlook by the release of more information.

Milne: Since when does an environment minister protect the interests of big business over those of the public?

Garrett's close-lipped approach on this matter does seem to lend weight to the relevance of Senator Milne's question:

“Since when has the Commonwealth Environment Minister seen himself as the protector of the interests of big business at the expense of the environment and the public interest?"

Changes to defamation laws

For many years it was extremely difficult for the Australian press to report clearly on financial matters because of Australia's defamation laws, which did not support truth in reporting and which could lead to extraordinary costs in court. In those days, even if what you said about a company was true, if that company lost money over your revelation, you might lose any case they brought against you for defamation. This problem is well treated at the end of Trevor Sykes, The Bold Riders, Allen and Unwin, Australia, 1996, for anyone who would like to know more. (Trevor Sykes writes for the Financial Review as Pierpoint.)

Since 2006 these state laws have been largely harmonised and made much more reasonable, with truth a very strong defense and the public interest a non-qualifier or at most a minor qualifier. There are also limitations on costs and processes (articulated or implied through precedent) to increase motivation to mediate rather than to sue. The very unpopular Howard Government immigration minister, Philip Rudd, was responsible for placing pressure to free up these laws in favour of public expression.

Article written by Sheila Newman with Jenny Warfe