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The following presentation was made at community access on 16th July, 2010:-

Greetings. My talk today is about the treasures of the Tweed. I come as a representative of the animals who can’t speak and need people like me and others to speak for them.

I apologise for my last presentation when I spoke strongly against councillors’ decisions (calling them environmentally negligent and environmentally incompetent). The truth is every one of you has done something green and sustainable at least once – so please do more!

I would like to start by reaching out to you. It feels like there is an enormous gap between you and us. It feels like we are aliens from another planet in our way of thinking. Councillors have called us ‘morons’, ‘ratbags’, ‘two-headed’ and ‘dope smokers’ but we are just humans and, like the Na’vis in the movie Avatar, we care deeply about our environment and are increasingly distressed at the amount of development this council allows, much of it on land where threatened species live.

What happens to the animals is something I ask you to consider. For example, a bird raised from birth knows intimately every branch, every leaf, rock, hill, waterway. It has its territory that is its property. That bird knows every safe spot to hide, where to get food and water and where to sleep. When machines operated by humans come along and bulldoze the area, what happens to that bird? It is devastated. It has nowhere to live. Forced to invade another bird’s territory it will die a certain death. And it is so with every single animal. To me this is unfathomably tragic. I so wish you could feel it …

It is estimated that between 1972 and 2006 a total of 4 billion birds, mammals and reptiles died from land clearing. At the rate we are developing and overpopulating the land, in time we will have no wild species of animals left. Already 2/3rds of our species in the shire are at risk of extinction. Each death is a personal tragedy to that animal and its family.

You all have loved ones children and maybe even animal companions. It’s clear to see that animals have feelings. They mourn when their friends die, they are happy when they are having fun, they have fear when danger comes. They protect their offspring with their lives just like we do. Why wouldn’t their needs be as important as ours?

The majority of people in this shire do care about the environment and want it protected because Cr Milne who most represents environmental issues at every opportunity, received the highest number of votes in the history of this council. That proves we are not in the minority.

Councillors are the guardians of our unique ecological treasures and we would be so thrilled if you would protect this shire for a change and not develop it, especially where threatened koalas and other species live such as:-

• Kings Forest and Cobaki Lakes
• Not support car rallies through national forests and World Heritage areas
• Not try to dam Byrrill Creek which has 43 threatened species or
• Fill in natural creeks at Ozone St, Chinderah and
• Fully prosecute every developer who illegally cuts down protected trees
• Buy up land for wildlife habitat and corridors

It’s time we changed our direction away from growth and expanding populations. It’s time to put ENVIRONMENT before ECONOMY and SOCIETY as without biodiversity of fauna we cannot survive.

Next time you see the Treasures of the Tweed murals around town I hope you will hear the collective voice of the animals’ psyche calling out to you for help. They really need it.

Menkit Prince

QUESTION FROM COUNCILLOR JOAN VAN LIESHOUT
"I would like to know if you personally feel that animals are more important than people".

Reply: Without biodiversity humans cannot survive so therefore humans and animals are equally important.

COMMENT FROM MAYOR WARREN POLGLASE
The Tweed Sun, July 22, 2010
"Community access is about allowing people the opportunity to talk about some issues, like the people who spoke about the IGA store and the iBar, but when you get inundated about a lot of other issues - and this is orchestrated by some people - I think it sometimes abuses the process" said Cr Polglase.

"We have the same people coming in talking about the same issues but I don't think that's what community access is all about."

"Some of the wildlife people seemed to expand on what the numbers are and what they aren't. There is a difference in opinion between various wildlife groups on numbers. When you get this sort of thing happening, as a council you start to think who is right and who is wrong and maybe both numbers are wrong. The whole system in that area is being abused."

Asked if the council would consider changing its access system, Cr Polglase said council should be looking at alternative ways of conducting community access if it meant getting meaningful outcomes.

COMMENT FROM THE TWEED SUN, July 29, 2010
A Tweed woman may have seen Avatar just a few too many times - which could explain its incredible box office takings. At a recent Tweed council community access meeting at Murwillumbah, Menkit Prince, a regular speaker on wildlife issues, compared the people of the Tweed to the Na'Vi - the tribe indigenous to Pandora in James Cameron's mega-hit. She spoke of developments destroying the shire's wildlife and fauna and called council to 'stop the destruction.' Later she was asked by councillor Joan van Lieshout whether she valued the needs of animals above humans, she replied 'They are both equal.'

RESPONSE FROM MENKIT

To Cr van Lieshout:
Asking personal questions of residents presenting to council versus questions related to the topic of discussion, seems unfair considering we are not allowed to ask any kind of question to councillors at community access!

To Mayor Polglase:
1. It's been 4 months since my last presentation. Is this abuse?
2. If I gave inaccurate information, why did you not inform me of this at the time? I would certainly like to know if anything I say is inaccurate.
3. If different wildlife groups have different figures does not mean they are all wrong.
4. The reason why I make presentations is not because I am trying to abuse the process but because something is not being addressed. Why is council not listening to us? Is this what you call a meaningful outcome, getting rid of community access?

To Tweed Sun
I am amused that you think I have seen the movie Avatar millions of times and have caused this movie to have raked in $2 billion (as if I had that much money and that much time to have watched it so many times!).
It may surprise you to know that I have seen Avatar only once. Do you think it's impossible for someone to 'get it' in one sitting just because you can't? If you were listening to my presentation you would have understood the analogy instead of writing this exaggerated piece of journalism.

Well, I certainly got some mileage out of this one!

Ed. Australians need help from the world's ecologists! Royal National Park, known to many tourists as the closest to Sydney, is the world's second-oldest National Park and Australia's first. It is also of enormous importance to conservationists and ecologists and contains an impressive range of fauna in rare habitats including coastal rainforest which has often been destroyed by early Australian development elsewhere. It is under threat through selfish and stupid adjacent overdevelopment by the growth-mad New South Wales government. Even Australia's primeminister doesn't want growth now and Sydney's expansion must be stopped. Royal National Park is of world class historic and ecological significance and it is incomprehensible and alarming that the NSW Government is allowing development to encroach.

From Greg Petty, Public Officer of the Otford Protection Society Incorporated

Wikipedia entry

Illawarra Escarpment and proposed rezoning by Wollongong City Council

Many of us here in Otford, Helensburgh, Stanwell Park and Stanwell Tops have been campaigning for years to protect this beautiful and sensitive region, and always too with the backing of groups such as the National Parks Association and the Total Environment Centre.

This land is adjacent to “Royal National Park”, Australia’s first and the worlds 2nd oldest National Park, and now being lobbied for World heritage listing, plus source of the (Class P “Pristine”) Hacking River Catchment.

Public clearly against adjacent development

We achieved 3,447 submissions last year during the exhibition period of the Wollongong DLEP and proposed rezoning of 7D land, but the 'fight' still continues, and WCC have asked for further submissions in particular specific to the different precincts of 2508.

To speed and ease requests to conserve the green belt of the escarpment to the Royal National Park and say No to overdevelopment, we have compiled a number of e-forms. Responders have a choice of general letters, a letter to 'save' the Symbio Wildlife Park precinct, the crucial Otford precinct (remaining habit corridor between Bald Hill and the Royal National Park) and an e-form for the submitter to cut 'n' paste selected key points.

If able can I please ask you to email the link/s to submissions, to your members? Please feel free to send onto ALL your “Contact List” or your local club, community group, etc. Kindly remove the previous “SEND TO” information first, the FWD in the Subject box and put your name and suburb below. Submissions close July 17, 2010 but may be extended – link will be automatically removed when submissions eventually close.

http://www.otfordeco.com/submission.php

Or for more information and photographs, and links to more e-submissions Otford Protection website http://www.otfordeco.com.au WCC's deadline for submissions is July 17, 2010

Signed by

Greg Petty - Public Officer

Otford Protection Society Incorporated

Helensburgh NSW 2508

AUSTRALIA

Phone (0407) 473 889

Follow us on Twitter - Save SYMBIO WILDLIFE PARK and ROYAL NATIONAL PARK from encroaching developers Plz e-sign

PS To find out more about this beautiful part of Helensburgh & Otford, Sydney, New South Wales, Australia, Click Here

Environment East Gippsland's

Inaugural Melbourne Meeting.

6pm Wednesday 12th of May.
2nd Floor, Kindness House,
288 Brunswick St, FITZROY.

Please RSVP to [email protected]

Environment East Gippsland is to hold its inaugural Melbourne meeting next week. 6pm Wednesday 12th of May, 2nd Floor, Kindness House, 288 Brunswick St, between Victoria St and Johnston St. We’ve been planning this since the Easter Ecology Camp so come join in with your fellow tree huggers.
Facilitator/s, minute taker appointed
Introductions & Updates.
Supreme Court Case - Judgement Day.
Promoting the forests solution in the climate and water debates.
Media stories for Melbourne.
Local papers or MX style stories.
Stories that connect Melbourne communities and forests
Call for a 40% tax on logging companies profits as well?
Letter writing -
Your local pollies
State and Federal Ministers
Your power company – would they sell incinerated owls with their electricity?
Young’ns for Old Growth
DVD production and/or YouTube clip – forests and climate etc
RAW Files – Photoshop work.
Fundraising ideas –
Card sales – Christmas retailers
Art show and auction
Brown Mt Wine - see below
community benefit card
Stalls and Events
eBay auctions or garage sale
Skills and resources list
Volunteers needed.
Light nibblies supplied but feel free to bring a dip or a couple of tomatoes.
Please RSVP to [email protected]

A new you-tube film about the forest protectors' camp and community at Goongerah, South East Gippsland, near Brown Mountain...

A group of forest-warriors in East Gippsland

There is an interesting new you-tube film just published about the people who fight to protect our forests from VicForests, the Government loggers for woodchips. A group of them are located at Goongerah. The film is called "AVATAR at Errinundra Plateau Brown Mountain, East Gippsland.m4v."

Giselle Wilkinson ("Gisellebluepearl") made the film to reach a few more people and help catalyse a bit of extra support for the ongoing battles and particularly for the current legal battle, for which we still don't have the result yet.

"Gisellebluepearl — March 22, 2010 — Come to the Errinundra Plateau, East Gippsland. Visit the home of the forest defenders and the ancient old growth forest they're protecting. The old growth forests of Victoria have been logged for wood chip for years - over 90% is gone forever. Some trees are over 10 metres in girth and a tree stump left behind after loggers was carbon dated to be over 600 years old. The little that's left needs our urgent protection. Brown Mountain is earmarked for logging this year again. For more info go to: www.eastgippsland.net.au; www.goongerah.org.au; www.geco.org.au

GECO is an independent grassroots environment organisation based in East Gippsland. It is dedicated to protecting the remaining old growth forests of the region. There are updates of film-documented recent forest loggings and protests.

The Angel on the tripod

At the end of the film we see the picture above which looks like a Victory Angel protecting and personifying the forest, high in the canopy, appearing larger than human.

I had to make inquiries to find out who it was and what it was all about. The woman with the wings was Allana Beltran, who is a visual artist and the forest is in the lower Weld Valley in Southern Tasmanian forest. Here she met Ben Morrow, a tree sitter who was to become her partner. The photo is probably by photographer Matthew Newton, but I had to look far and wide on the web, where there are many copies, for any reference to the photographer, which I found here: http://slingshot.tao.ca/displaybi.php?0096003">Lilia Letch, "Resistance everywhere - eco-defense in Tasmania," in Slingshot.

In November 2006 the forest camp where Morrow and Beltran were living in was raided by police ahead of a logging company's arrival. In March, only three protesters remained, according to the Tasmania Times:

'One man was locked onto the gate at one of the entrances to the forest. Another man, Ben Morrow, was hanging in a sling off the bridge over the Weld River. Seven kilometres from him, Alanna Beltran was attached to a giant tripod at a second entrance to the forest. She had a long white curtain wrapped around her waist, white body paint on her face and was wearing wings of white cockatoo feathers that she’d scavanged from the shorelines and forest floor. She’d become the “Weld Angel,” the “Angel of the Forest,” and her haunting image was about to enter Tasmanian folklore.

“I did it because I thought it would look beautiful,” she says now matter-of-factly, “and if I was going to be arrested as a visual artist, I wanted to make a visual statement.”' Source: "The arrest angels in Tasmania", Tasmanian Times27.02.08

"Allana Beltran and two years ago she walked into the lower Weld Valley in Tasmania’s southern forests and experienced what can only be described as a life-changing epiphany. In front of her was a wilderness of ancient, towering trees, deep gorges and waterfalls, and a wild river flowing through it. On an adjacent ridge there was a different scene. It was the blackened ruins of a recently clearfelled tract of native forest.

“It was the most horrific devastation of land I had ever seen in my life,” the visual artist from Sydney told Vanity Fair recently. “And from that moment on my heart was with the people who were standing up for places like this.”

Allana Beltran decided to stay in these forests and join the group of protesters trying to save it from further logging. That’s when she met Ben Morrow, the man who would soon become her partner. He’d been in the valley for six months, much of it spent 50 to 60 metres up in a grey-trunked eucalypt, in what’s called a `tree-sit,’ on the lookout for loggers.

“Our camp was in the middle of the road that changed from clearfell to wilderness,” Beltran says now from her home in the Tasmanian capital of Hobart. “There was 100 ha of clearfelling and they wanted to bulldoze a road another two and a half kilometres in so they could access 2000 ha. This was all old growth forest surrounded by World Heritage Area.”

In November 2006 the camp was raided by police as the logging company moved into build the new stretch of road. Twenty-five protesters were arrested. By March, the beginning of the Australian autumn, the blockade had virtually collapsed with only three protesters left standing between the chainsaws and the forests.

Although not exactly standing. One man was locked onto the gate at one of the entrances to the forest. Another man, Ben Morrow, was hanging in a sling off the bridge over the Weld River. Seven kilometres from him, Alanna Beltran was attached to a giant tripod at a second entrance to the forest. She had a long white curtain wrapped around her waist, white body paint on her face and was wearing wings of white cockatoo feathers that she’d scavanged from the shorelines and forest floor. She’d become the “Weld Angel,” the “Angel of the Forest,” and her haunting image was about to enter Tasmanian folklore.

“I did it because I thought it would look beautiful,” she says now matter-of-factly, “and if I was going to be arrested as a visual artist, I wanted to make a visual statement.”

Beltran sat in her forest aerie for nine and a half hours listening through headphones to Tibetan monk music, as the police ordered her down through megaphones. “I was praying for the forests and for people to realise what they are doing. I was ready to sacrifice myself to this cause. I was ready to stand up for these ancient forests.”"

A new you-tube film about the forest protectors' camp and community at Goongerah, South East Gippsland, near Brown Mountain. The long trial for the wildife on Brown Mountain has come to an end - all except the final decision by Justice Osborn, which all await with baited breath. This is a land-mark trial where real-life avatars have come out and opposed the 160 year old treatment of Victoria's forests and animals as colonial spoils for the taking and Victorians as mere servants to the State.
Read inside a fascinating summary of the arguments and evidence from either side: Vic Forests (for logging) and Environment East Gippsland Inc. (for nature). Revelatory of Department of Environment and Sustainability.

Court case finishes – summary of the final 3 days.[1]

The final days of summing up both VicForests’ and Environment East Gippsland’s arguments were heard in the Melb Supreme Court on Tuesday, Wednesday and Thursday (23rd-25th March). These were the last submissions presented to Justice Osborn who heard the 17 day trial that started on the 1st March.

Both sides presented their condensed arguments from the past 3 weeks. Early in the case, the economic claims were not allowed as VicForests (VF) had not made any allegations in its defence about economic impact, and there was only summary evidence supplied by VF, without details. The arguments focused on the laws covering protection of threatened species and how VF did or didn’t abide by them. Justice Osborn has reserved his decision . Our legal team have said he could hand this down in a month or two or three ...

Despite some fairly revealing and insightful evidence being given and some quite startling information to come out of cross examination of witnesses, the decision will be looking at the complexities of the laws governing forests and wildlife management.

A new you-tube film about the forest protectors' camp and community at Goongerah, South East Gippsland, near Brown Mountain.../files/Brown-Mt-Supporters-in-Melb-for-trial-.jpg" vspace="13" hspace="13" align="left">

A support team of about 45 people attended the Melbourne start of the case to show that there was widespread interest in Brown Mountain. Thanks everyone who came along and who sat through the proceedings.

1st Day (Tues) – the defence (VicForests) lawyers had the stage on day 1 and delivered their case.

To those who hadn’t heard the facts, arguments and cross examinations of the previous 3 weeks, it could have sounded fairly reasonable and even worrying. Read our responses to their arguments below. VF lawyers’ arguments consisted of the following:

* EEG didn’t have standing to take the case to court as we are too small a group, don’t have a special interest in Brown Mountain, only an emotional or intellectual interest. The fact that we didn’t apply to be on the local Shire environment committee, and the claim that we didn’t take part in the Nat Estate study on 1990 – (but we actually did) and various other arguments were used to attempt to argue we shouldn’t be able to sue VicForests.

* It was DSE that should have looked out for threatened species, not VicForests. VF can’t change zonings.

* The Potoroo wasn’t ‘detected’ within the meaning of the action statement (FFG Act) - although the animals and the sites were confirmed, the full two weeks of footage was withheld by EEG (under instruction from our lawyers) until late 2009 – making the authorities suspicious of possible tampering and was the reason given by VF for not protecting the area.

* Language in the FFG Act and Sustainable Forests (Timber) Act, is not enforceable.

* VF noted that the Forest Management Plan was out of date (ended in 2006), which generated much discussion. Justice Osborn pointed out that if it was no longer applicable, then all logging in EG was illegal as the FM Plan is needed before forest can be logged. That point was then quickly resolved.

* The Precautionary Principle, which was a major argument in the whole case. It was first claimed by VF not to give rise to any legally enforceable obligation against it, and even if it did, VF claimed it had observed the PP even if it wasn’t thought to be regarded as enough precaution.

* VF claim Potoroo wasn’t ‘detected’ to their or DSE’s satisfaction,

* On Quolls - there are 75 already protected in EG and that was enough,

* For the new species of crayfish – it’s still being named and so doesn’t have a prescription for protection and the 100 metre buffer around the creek will protect it

* Sooty and Powerful Owls – only dusk calls detected but no confirmed nesting or roosting sites so no need to protect. Plus there are enough Sooty Owls Management Areas and Powerful Owl Management Areas, despite some evidence from DSE suggesting the protection zone targets had not been reached.

* Giant Burrowing Frogs – even if it is high quality and likely habitat, none have yet been detected.

* Hollow Bearing Trees – logging prescriptions are claimed to look after them.

* Gliders are there in high numbers, yes - but it’s not for VF to protect them and 100 mts along creek should do anyway.

* The Precautionary Principle requires caution, but not total infallibility. Actions to express adherence to the PP can be many. VF argued that a 100 metre buffer along the creek was caution enough for all the species.

2nd day of summing up (Wed) –EEG, the plaintiff’s case was presented.

Debbie Mortimer SC argued that:

* The standards and conditions in the FFG Act Action Statements, Forest Management Plan and the Code of Forest Practices hasn’t been and can’t be complied with by VicForests.

* VicForests was the “agent of harm” about to begin clearfelling when we applied for the first injunction, and VF was as obliged to adhere to the law for threatened wildlife as was DSE.

* VF don’t need to have DSE declare a conservation zone for VF to adhere to the law or decide not to log.

* The Allocation Order (giving forests to VicForests from DSE), Timber Release Plan and the Code (for logging) all mention adhering to the Forest Management Plan.

* The issue of whether EEG has legal standing to bring the case to court was argued well for showing we did have standing. It had not been objected to by VF strongly before we embarked on the 17 day trial.

* If various surveys had not have been carried out (owls, Gliders, Crayfish and Potoroos), the court case would not have commenced. Surveys show a genuine interest.

* Obligation on VF are mandatory – they don’t allow them to ‘duck and weave’ around these obligations.

* The main law is the Flora and Fauna Guarantee Act – it deals directly with Threatened Species, and binds the state/crown to protect endangered wildlife. The FM Plan and the Code both refer to it.

* Forests are a community property. Managed for common good into future. DSE’s position in the evidence given by Lee Meizis was that the Timber Release Plan gave ownership of forests to VF to exploit, but with the right to exploit comes responsibilities for conservation.

* FFG Act has strong ‘must do’ language and is imposed on government authorities. Important objectives of FFGA disregarded by VF. Action Statements within the FFGA are enforceable.

* Debbie Mortimer said “In every way, VicForests pushed away from its conservation duties” to benefit its access to forests for logging.

* VF is not abiding by the law by merely reading the Action Statements.

* Logging high quality Quoll habitat is endangering the animal’s survival. At odds with the Precautionary Principle because this species is only found at a functional level in East Gippsland now.

* Sustainable Forests (Timber) Act directly forced VF to adhere to the Code. Allocation Order also states VF MUST comply with CFP, PP, AS and FMP.

* Not complying with the Code was a breach. Acts refer to the Code being adhered to.

* VF must consider advice from relevant experts in Flora and Fauna. The advice of these internal DSE experts were ‘completely sidelined’ during the process that lead to the decision to clearfell Brown Mountain. It was also claimed that the Minister was not given important information on these species.

* The 100 mt buffer offered by VF would not protect the Gliders, Quoll, owls, Potoroo and Large Brown Tree Frog and was unknown if it would adequately protect the Giant Burrowing Frog, Brown Mt Crayfish and Square-tailed Kite. Leaving additional large trees while logging and burning the remainder would be unlikely to protect the habitat values of hollow bearing trees (85 out of 207 was all that survived the logged and burnt coupe across the creek in April 2009).

* The guideline to protect 100 ha for rich populations of gliders is self-regulating and doesn’t need major fuss – just needs to be mapped and complied with.

* Justice Osborn discussed decent reserve designs and ‘whacking in’ some reserve along the creek.

* The oft-cited ‘risk-weighted consequences’ of the precautionary principle the VF lawyers used daily, does not mention social or economic ‘balance’ and in context is only about conservation risks and consequences.

* We are dealing with some species in a demonstrable state of decline. Failure to halt damage is serious. There is lack of scientific certainty as there is no research or info on impact of logging.

* New reserves mean nothing unless we assess the quality and type of the habitat, logging history etc.

* BHP was used as an example of a company which must employ specialist ecologists/biologists if it plans to carry out potentially damaging work. VF either needs to employ biodiversity staff, or get in consultants to survey and advise forest planning.

* Potoroo detections 100% authentic – no questioning by VF of witnesses – fully accepted, yet despite 3 verified detections, VF made no attempt to consult with DSE biologists or protect 50 ha for each as stated in the FFGA.

* DSE set up its own ‘rules’ outside of existing legislation.

* DM asked for full injunction to logging.

Day 3 – Thursday – response from Defendant (VF)

* Having to abide by the SFT Act could mean that every logger, truckie, contractor, roading operator must comply with these laws as well. Does that mean every worker has to set up a biodiversity unit and consult biologists?

* Argues again, it’s all DSE’s responsibility.

* Argues that the words for Greater Glider protection in the FMP says “approximately 100 ha” is unenforceable – how much is ‘approximately’?

* VicForests Lawyers couldn’t find any expert biologists to speak for them. They tried.

* Not being given the entire potoroo footage was the whole problem.

* The 400 ha reserve to the (drier, steeper) west is a benefit for all the species.

* Crays were found in the creek next to a previously logged forest so therefore they can survive OK.

* Potoroo no 2 (on camera) wasn’t used in original evidence (it was actually discovered after writ was served but this was overlooked by VF lawyers).

* The hair tube evidence of the Potoroo near proposed coupe 19 didn’t come with a copy of the note when it was sent off for analysis – so how do we know where it really was?

Final Judgement awaits

This ended the long trial for the wildlife of Brown Mountain. We await Justice Osborn’s final decision ...

Donations

Our supporters have been showing astonishing determination to have our forests and wildlife protected! We’ve hit our first minimum target which is really something for a small enviro group. But due to the case having gone for 16-17 days when it was only down for a 10 day hearing, we are still needing some help to cover the extra costs for this time in court with our team, a couple of extra witnesses and various associated costs.

NOTES

Source of this article was "[EnvEastGipp] Brown Mt Detailed Update, 29 March 2010" , almost verbatim, but without all the photos. The website for Environment East Gippsland is here.

The Brown Mountain landmark trial has begun!

After months of preparation, our legal team and supporters have gathered in Sale and begun the two-week Brown Mountain landmark trial.

Everything is going very well so far. It's difficult to report on a hearing that is in progress, particularly since we are the plaintiff, so this article might lack a few things.

Our lead barrister, Debbie Mortimer SC, spent Monday afternoon and Tuesday morning in Court outlining what we say are the facts and the law, in a fascinating opening submission.

She spoke about the beautiful native wildlife that is central to our case, and the Court was treated to large pictures of the critters. It was almost surreal, but quite appropriate in our view, to see a team of lawyers in black gowns and wigs defending the furry, the feathered, the cray and the frog.

She said that VicForests has a number of legal responsibilities towards the environment, including endangered species, and that those responsibilities are inconsistent with logging at Brown Mountain.

For a more detailed summary of the first day's hearing, read this excellent article by The Age journalist Kate Hagen, who is attending the hearing #10;h.html">Click here

Journalists from ABC Radio and Win TV (channel 9) are also attending the hearings.

VicForest's Defense

VicForests' lead barrister Ian Waller SC started outlining VicForests' case this afternoon. When Court adjourned today, he said he still had about an hour to go, so we haven't got the full picture yet.

But generally speaking he contended that VicForests' responsibility to the environment wasn't anywhere near as strong as we made out, and was balanced by its requirement to create economic and social benefits. He said that, to the extent to which VicForests has responsibilities to the environment and native wildlife, it has fulfilled them.

Judge and Legal teams in the field

On Wednesday, Justice Osborn and the legal teams were having a look at Brown Mountain first hand. It's not just a bushwalk, though; they will observe first hand some places and concepts about forests, logging and post-logging practices that will later on be discussed in Court.

Schedule

On Thursday morning, VicForests' opening submissions is expected to finish, then Environment East Gippsland will bring out our witnesses.

Court is open to the public. You are welcome to attend if you are in Sale - there have been a few people sitting quietly in the public area. If you drop in, please come up and say hello.

A local wag is tweeting the trial. Click here for regular updates.

Court adjourned until Tuesday 9 March (Monday 8 is a public holiday.)

Information, but not headers, from Jill and the team at EEG
Environment East Gippsland Forest Update

To make a tax-deductible donation for this crucial trial:

* Online - CLICK HERE.
* By direct deposit - email info[AT]eastgippsland.com.au for our bank account details
* By cheque - Make out to EEG and send to: EEG, Locked Bag 3, ORBOST Vic 3888

For more information CLICK HERE.

The big court case between
Environment East Gippsland (EEG) and
the Victorian Government finally begins on Monday at 1.30pm at the Sale Court House.
The media will be there at 1pm and it would be really great it if everyone who is able to be there is as well.

Democracy and justice are crucial in this case, and the more observers the better, to see justice done or to bring back a warning to Victorians if it is not done.

Anyone is welcome to attend and observe the proceedings at any time during the proceedings. In fact, people are encouraged to come along to any of the sitting days (excluding Wed 3rd March and Mon 8th March) over the two weeks.

More details as they come.

Click picture for video.

The recent Auditor General's Report on the incompetence of the Victorian Government's wildlife statistics collection and maintenance mean that the Victorian government could not logically have the authority to make decisions about sustainable forestry where local fauna habitat is affected, in the opinion of this candobetter.org writer and environmental sociologist. Because of this, it seems to me that Environment East Gippsland has clearly won its case in advance. It will take years, decades, maybe half a century for the Victorian government to repair its statistical collection. But will the judges be aware of just how bad the government's information is? We have to make sure that they do by making this information so well-known that it cannot be avoided. So please pass the link to the Auditor General's report around.

Brown Mountain Court Case

Environment East Gippsland's (EEG) lawyers are working overtime getting the case and expert witness reports prepared for the court case which starts in just over 4 weeks. It will be at the Sale County Court (Supreme Court does regional hearing). EEG people have been offered some accomodation but could probably use more.

The case could blow out to over the two weeks set aside for it. The forest-related Acts can be complex so loads of paperwork needs to generated. EEG volunteers are still flat chat trying to raise more funds to ensure they can cover the immediate costs. Meanwhile Brown Mountain’s wildlife is getting around the old growth forests in peace. Volunteers are still maintaining spy cameras trying to get more critters on film.

Arrests of Wildlife Warriors

The summer season for protesting by our very own Avatars in old growth logging areas is happening with 5-6 brave and ethical people arrested on summons so far. The forests being targeted have been up in the Bonang River headwaters on the Errinundra Plateau. Currently between 20-30 people at the
camp here in Goongerah. VicForests response is to say protesters have stopped important machinery from being used for fighting fires. This is untrue.

Could I recommend the film Avatar as an example of what our Wildlife and Forest Warriors in Australia are defending and the forces that seek to destroy it? Brown Mountain, as you can see from the photos, has amazing huge trees and is a different and beautiful world. Searching for economic growth through these limpid havens is like searching for Unobtainium. It is a gross act.

Rob Quantok will donate half profits from regional performance to EEG

The very kind and funny actor, Rod Quantock is holding his “Bugger the Polar Bears – this is serious” show at Warrandyte on Sat 20th Feb 7.30. Bless him!

Half the profits he raises will be donated to EEG to help with our costs. Tickets $30. Ph: Ingrid 9870 8378 for details. (will send more details soon).

Help with art-programs needed on website

To help EEG's marketing and fundraising they would love the help of someone who has a good grasp of Photoshop or other image programs – to put a hand and an old growth forest together on their website.

Editor's comment:

Did we all forget again this year to nominate Jill Redwood and Rod Qantok (along with Julianne Bell, Jill Quirk and Mary Drost) for the Australia Day awards? Try to remember next year. Maybe we should have our own awards.

Originally published as "Community must ask who bears the cost of progress" by Dr Mark Copland of the in the Tooowoomba Chronicle of 5 Jan 10 (URL of article unkown).

This story first appeared, along with the koala photograph, in the Toowoomba Chronicle on 5 January 2010.
Story written by Dr Mark Copland

Acland - a town on death row

Late last year I took a short drive and visited the town of Acland. It was a haunting visit. Like a town on death row -- or a community on life support -- except they've already started ripping the drips and sensors from the veins before the patient is even dead. The Acland story is like the Australian movie "The Castle" -- except this one doesn't have a happy ending. It left me full of uncomfortable questions -- with far too few answers.

As people we are good at opening things. We bring in the politicians, the brass bands, the plaques and all enjoy a very civilized morning tea as we bask in the warm glow of progress. One of the many questions sitting with me as I left Acland was, "How do you close a town?" How do you honour the memories, the lives lived, the countless hours of voluntary community building given by loving citizens? It's a bit embarrassing and so we mumble something about progress once again and then just move on.

Environmental Impact Statement farce

In this process, mining companies spend hundreds of thousands of dollars on expert consultants who create very large documents telling us why the mine must go ahead. There is barely even the illusion of independence. The average citizen with no resources is given a few weeks to respond. The question is not will the mine go ahead -- but how can the mine go ahead?

I met one of the last men standing in Acland. Glen Beutel. Glen isn't ready to move on. And I don't blame him. Us Aussies love the glorious defeat -- Gallipoli, Ned Kelly etc. And Glen is in this tradition. By staying - he is shining a light on the farce that passes as the Environmental Impact Statement process. In this process, mining companies spend hundreds of thousands of dollars on expert consultants who create very large documents telling us why the mine must go ahead. There is barely even the illusion of independence. The average citizen with no resources is given a few weeks to respond. The question is not will the mine go ahead -- but how can the mine go ahead? The key word for the proponent is mitigation - how to respond to government regulations and possible community complaints. And the company gets its money's worth. If you read one of these things you would almost believe that the local environment will be enhanced with an open cut coal mine, which if all goes to plan will eventually engulf the town that once was Acland.

Koalas in Acland

I met somebody else on the road to Acland. The guy in the picture above. Last Summer our hearts went out to image of the koala burnt in the Victorian bushfires. In 1995 furry friends like this one helped to bring down the Goss government as proposed roads in South East Queensland were believed to be destroying koala habitat. And while there are even fresh water tortoises that call Acland home -- there won't be a Mary Valley Turtle to bring a halt to things a la Traveston Dam. I wonder if finding this bloke and his friends a new home is part of the planned expansion of the Acland mine. No doubt the plan will be buried somewhere in the Environmental Impact Statement.

Acland like Pandora in Avatar - Who pays for 'progress'?

A few nights ago I sat with my 3D glasses on watching the blockbuster movie Avatar. The plot is thin -- but familiar -- a colonizing power wishes to remove some Indigenous people to rip a precious mineral out of the ground. It's Hollywood where the good guys win and the baddie gets his just desserts. All the while I was watching it I had Glen Beutel and my Koala friend sitting somewhere on my shoulder. One of the serious questions that Avatar leaves the viewer with -- "Is it always necessary and right to take things out of the ground, and use them -- just because they are there?" I am sure when the Acland mine was first proposed there was never any mention of closing down a town. For me the sadness is not just the passing of the town -- but the way that it has been done. As a region we must ask the question, "What price progress -- and who will bear the cost?"

See also: Also from the Toowoomba Chronicle: "Our region could be one big hole" of 16 Nov 09 by Madeleine Logan, "Removal trucks spell last rites for Acland" of 10 Oct 09 by Madeleine Logan, "Coal mine nightmare" of 12 Nov 09 by Madeleine Logan, "Facebook keeps residents on line" of 9 Nov 09 by Madeleine Logan, "Friends take heart from senators' visit" of 30 Sep 09 by Roseanne Schefe, "Jones labels Acland's decline as 'sickening'" of 30 Jan 09 by Madeleine Logan about Sydney radio personality Alan Jones' feelings about the threatened destruction of his home town, "$200m mine deal sparks water war" of 16 Nov 07 by Sue Searle, "Acland producing the cleanest coal" of 22 Mar 07 by Greg Berghofer, "Couple join exodus as Acland 'closes down'" of 2 Mar 06 by Sarah Vogler; Web site of the New Hope coal company: www.newhopecoal.com.au (including environmental impact statements, newsletters and assorted other pro-coal-mining propaganda); Friends of Felton web sites: www.fof.org.au, www.friendsoffelton.blogspot.com.

What you can do

Sign e-petition calling for resignation of Queensland Government. For futher information, please read "Why Queenslanders must demand new state elections" of 8 Jan 10.

Avatar is a remarkable movie, about a fabulous world and an old story with some great new twists and perspectives. This is an exciting and skilled 3D graphics state of the art creation which puts the viewer on a new planet in the skin of an alien tribe. We discuss this experience and the political message of the movie.

Avatar is a remarkable movie.
It is remarkable for its art and special effects and its ability to make the audience feel a part of the movie and identify viscerally with an alien population of hunters and gatherers. It is remarkable for its creation of a beautiful planet with no machines and a strangely sculpted pastel menagerie.

Most remarkable, perhaps, is how a 20th Century Fox blockbuster exposes the colonial ideology that all undeveloped peoples are crying out to have their environments transformed by 'progress and development' and the capitalist brand of 'democracy'. It tells the truth about deforestation and why it occurs.

Forest warriors, take heart!

Colonisation - the theme

The Masai, the Australian Aborigines, the American Indians, the South American Indians, the Maori, the Zulus, the Fijians, the Hawaiians, the Irish, the Irian Jayans - all these tribal people resisted being 'civilised' by colonials who wanted to expand their empires. Was there ever a people that still had land which was happy to hand it over to the historical waves of expansion by Romans, Normans, Muslims, Hispanic, French, German, British, Indonesian, American, Chinese, Indian colonists?

And yet, to this day, we of the 'developed world' are told that we are paying for the expansion of capitalism to bring 'democracy' to the 'undeveloped' or 'unfree' world. And when everywhere is 'developed', the story goes, there won't be any overpopulation or poverty or injustice ... Unfortunately this isn't true. Development is what starts problems in steady state economies and populations. You wonder why more foreign aid people don't wake up to this.[1] Perhaps many stay in the business to try to make the process less awful or simply because, like most of us, they have no land and therefore need their jobs, however awful.

In this film the indigenous are humanoid and their appearance and rituals are perhaps most reminiscent of Africa - a land of immense abundance and variety with fantastically varied peoples, economies and fauna - attacked mercilessly by colonial processes from the industrial revolution of the 1750s. (Viewers might be interested to know that currently, on Earth, Africa is being subjected - along with other lands - including, possibly, Australia - to yet new waves of colonisation - by Chinese and Indian agricultural corporations this time - which are taking over remaining tribal land and 'remanaging' it. We hear so little of this.) [2]

Resettlement of the indigenous in special areas, where they were put to work, was practised by the Romans and the approach is the same today. Move the indigenous, get rid of their leaders, disorganise them, and make them work in the new economy. The business excuse (typically used against the Arabs by the British who displaced them for the Zionist diaspora) is that the people being displaced don't use the land efficiently, because they don't mine it or farm it. Or, if they do mine and farm it, they don't do it efficiently enough. Or if they do it efficiently, they aren't putting their goods on the international open market, and they have to be made to do so. Mess up a country badly enough and soon you can go in and save the starving and place a military presence there to protect your international charities. Coincidentally the country next door usually turns out to have oil or rare minerals or presents a corridor to oil and rare minerals (Somalia).

Avatar is a story about this process in the future, reaching out now into outer space.

In 3D it is absolutely rivetting, and I found myself ducking when missiles came towards me.

The story

The third world has now extended beyond our solar system as the US mercantile spacefleet tries to keep shareholders happy. This involves negotiating the rape of an incredibly beautiful planet with indigenous people who, like most indigenous people, have everything they want and need and don't want colonisation.

"We don't have anything to offer them," says the hero.
"Just go in and negotiate," he is told.

One author in candobetter pages was struck by the plausible ruthlessness of the conquerers in discussing moving the blue native people on. They agreed with one another in such a "civilised" way. To them - the blue people were just an obstacle to the main game...and one instantly saw that this is how forest people and forest animals are regarded by invaders on Earth- something to be brushed aside or bulldozed.

Another candobetter writer said, "This seems to be what they are doing in Queensland to the ordinary Australians in order to go ahead mining coal in agricultural country."

The armed conflict in the pursuit of greed motif in the film is also reminiscent of the US war on Iraq.

This is a planet filled with fabulous rainforest, not really much different from real old rainforest in Australia, but a bit bigger. The creatures in it are huge, of triceratops size, and the flying animals are reminiscent of pterodactyls. The muscle and organ structure of the animals makes it obvious that they are of a different world.

Every species in this world is connected, as indeed are we on this world, but the phenomenon is more obvious here because different species can physically connect to communicate. The ecology of the world is explained using mystical and religious icons, which stand in quite well for a kind of biological ecology.

It was a psychologically clever thing to make the indigenous people so much taller than the humans. Usually the indigenous people, however patronised in movies, are the same size as us or smaller. To get the superiority of these peoples' ability to live within a naturally integrated environment, instead of one like ours, which is disconnected, you need something to convince the audience immediately. Big is usually read as better and these are very large, therefore superior people, with enormous eyes, which convey intelligence. Whilst incredibly gracile, like the Hereros of Namibia, with somewhat similar hairstyles without the red mud, these people are immensely strong and agile. They use the huge tree trunks as paths for running. They are open to the signs of the environment around them and the expression of all the other living things. This is obviously how hunter-gatherers used to live. The way they would have enjoyed life and the knowledge they would have had in the best of societies and environments is well-conveyed here.

And surely the obese children, teenagers and their parents, who go to see this film will wonder at the strength and fitness of the forest people and want to be more like them.

Technology has solved no social or ecological problems

Although set well into the future, we see that more technology has solved nothing fundamental.
Neither has growth economics and globalism.
The US system still has unaffordable health-care and the crippled marine hero in Avatar cannot afford the medical treatment he needs, even though the technology to make him walk again is available. He also needs a job and is expected to perform as well and work as hard as a person with no handicap.
Presumably the population has continued to grow on earth because there are so many marines available to go to outerspace, who need jobs, and are willing to risk their lives.

Instead of sharing the wealth we find that money is still being spent to keep some shareholders happy. And industry must find new minerals to invest in to keep on growing that bottom line.

The machines look as if they are still being powered by petroleum, so the fossil fuel problem must have been solved, although this is not discussed. In fact humans are never going to go to outer space en masse unless they find something completely new to power their vehicles. (This isn't discussed either, obviously.)

War

It looks like a high-tech oil-war like the one in Iraq is still going, but it has moved into outer space, seeking to expand its influence in the pursuit of materials and energy. Although we only hear what goes on in the colony, one assumes that the folk back on earth are told that this is all to bring democracy and wealth to the undeveloped worlds out there.

The audience

I was interested to observe the faces of the people who live in Melbourne where I saw this film. A lot looked shocked, unused to questioning the whole notion of progress, yet almost certainly emerging from close to three hours of intense identification with a hunter-gatherer tribe, hoping that Earth's progress would be halted.

I hoped that the many people who see this film will actually retain something useful to help them resist the media and government propaganda that are used to destroy forests and people and to grind the rest of us exceedingly small in a vast commercial con-job.

Of course, with every new exploitation, we are always told, "Now we are modern, it will be different."

Great film!

NOTES

[1] On foreign aid, Michael Maren, The Road to Hell: The Ravaging Effects of Foreign Aid and International Charity, Free Press, Simon and Schuster, 1997 ; Graham Hancock, Lords of Poverty, Atlantic Press, 1989
[2] Recolonisation of Africa by China and India: See, for instance: "China and India Battle for Influence in Africa: Part 4" (although this one lets India off lightly); Exploiting Africa [history]. You can also find multiple business and foreign aid articles saying how great it is that foreigners are renting vast terrains in Africa and employing the villagers who once managed them. You have to look quite long and hard to find out that most of the Africans initially resist this loss of power over their own territory. If Africa is to feed China and India, it will be sucked totally dry, but, hey! there will be a few jobs along the line.