Westerfield

Freeway proponents' argument for clearing push prior to provision of net gain offsets:
"Their main argument was that granting this injunction would cost them millions of dollars. They did not challenge that the Incorporated Document said the offsets should be in place prior to construction. They did not produce a list of offsets that are being considered." (Gillian Collins)

Ed. The below was written by Gillian Collins. The only editorial changes are the use of subtitles and emphasis by formatting changes. Note that VCAT stands for Victorian Civil and Administrative Tribunal - an institution where Victorian laws are meant to be administered in a relatively low key and inexpensive way by 'members' who are usually not professionally legally trained.

"At the VCAT Directions hearing yesterday, the Frankston North Community Group, Inc., Pines Protectors, was represented by Felicity Millner of the Environment Defenders Office, and Barristers Julie Davis and Stephen Grant. Julie Davis presented the argument. And I was there.

The LMA, Southern Way, and AbiGroup had a total of 19 lawyers, solicitors, and helpers, including one Queens Council for LMA. Frankston City Council and Mornington Council each had one lawyer there. Neither supported our application, which was very disappointing.

Four against 19 - David and Goliath indeed.

At the hearing in the Administrative Division, Planning and Environment section, we asked for an Interim injunction to prevent AbiGroup from clearing the two remaining sections of the Peninsula Link right-of-way that still contain rare and endangered plant communities - the Pines Flora and Fauna Reserve and the Eastlink interchange Herb rich Grassy Wetlands - until the entire application could be heard. That may take up to six months.

Conservationists' Argument

"Our argument was fairly simple - the Incorporated Document in the Frankston and Mornington Planning Schemes that give permission for the project state that net gain offsets will be provided prior to the beginning of construction and works."

Ms Davis presented the evidence based on the documents and Ms Millner and Mr. Grant supported her with additional points. It took about an hour and 15 minutes.

The rest of the 4 hour hearing was taken up with the QC and other lawyers presenting the defence, plus a 10 minute break. Their affidavit from Geoff Rayner of LMA was only presented shortly before the hearing, and it was huge, so neither the Judge nor our representatives had had time to read it.

"During their testimony, they actually presented a new version of the Environment Management Plan. Quite extraordinary."

Freeway proponents' argument

"Their main argument was that granting this injunction would cost them millions of dollars. They did not challenge that the Incorporated Document said the offsets should be in place prior to construction. They did not produce a list of offsets that are being considered. They did produce a letter from Mark Winfield from DSE dated after the Incorporated Document saying they had one year to produce them. They created lots of date discussion that seemed without any relevance to the application."

We finished about 7:00pm with the Judge saying that she will have her decision on the interim injunction by close of day on Monday. The date for the regular appeal about the offsets will probably be set then."

Source:
Gillian Collins
Pines Protectors
0414 309 960

All photos in this story were by Rod Binnington. Some cropping and resizing was done by the editors.

People wanted to know who owned the Westerfield property. The government had said that it owned the property and the police had said last week that it was 99% likely that the government did, but that they could not be categorical. On Tuesday they would not even discuss the question. There is a lot of confusion when it comes to compulsory acquisition about who owns what. Two fantails came out of the trees and flew down towards the men and their machines in a dancing pattern, almost attacking the machines. The men standing by the machines ducked to avoid the tiny birds. Then the little birds returned to their trees and sat there, as if they had made their final statement. See also LMA (was SEITA) Bulldozers trash bushland from Westerfield to the Pines

Tuesday 28 September at Westerfield.

Protesters realised that this was going to be the big day because the Abbeygroup workers, who had previously talked and been friendly enough to the protesters, stopped looking at them, or glared and laughed at them. They lined up as if they were troops in a war and four big machines started rolling in.

Road blocks prevented access for protesters and observers initally

There were only about twenty protesters on site at 6.30 am, perhaps in part because the police had closed off Robinsons road at each end, before and after the entrance to Westerfield. This meant that people who wanted to come into the Westerfield driveway could not enter. The protesters managed to have the barricades moved so that people could still enter the Westerfield property driveway. More protesters arrived later.

Rumours of more and more police arriving

The protesters heard rumours from Robinsons Rd that more and more police were going to turn up. Eventually something around 100 police came through the bush in single file. There were enough of them to man the perimeters of the site. The main police coordinator gave the protesters ten minutes to get off the property. The police refused to answer questions and would only say that they were enforcing the trespassing law.

Compulsory aquisition - a mystery to most Australians

People wanted to know who owned the Westerfield property. The government had said that it owned the property and the police had said last week that it was 99% likely that the government did, but that they could not be categorical. On Tuesday they would not even discuss the question. There is a lot of confusion when it comes to compulsory acquisition about who owns what.

Police give protesters 10 minutes to get out

After the police gave the protesters ten minutes to get off the property or be prosecuted for trespassing, the protesters discussed what they could do. Gillian Collins, who had been the main organiser of the protests there, said that she was not going to stay to be arrested because she has relatives in the United States and that if a person has a criminal record, they are not allowed to enter the US. She then walked away.

Some people remained, however.

The police moved in and more people retreated.

Joyce and Simon, who owned the property now seized by the government to make a freeway, were among the last to leave. Some protesters withdrew sadly to watch events from behind the 2 meters high wire mesh security fence which had been made virtually impenetrable.

Carey Priest's heroic action and others arrested

Carey Priest, memorable for his politeness under pressure, led the next protest action by climbing a tree, where he remained for about two hours, despite the trees all around falling under Abbeygroup's bulldozers. People admired Carey's action very much, and he was arrested for his trouble. So was his girlfriend, Ellen. Five people were arrested in total: Carey, his girlfriend Ellen, then Neil and Mark Adams and another whose name is not available to candobetter.org.

They were released within half an hour with bits of paper containing something vague in writing about how they would be prosecuted and fined $2,500 and or jailed if they returned to the property. Of course there wasn't anything to return to by the time they were released.

David vs Goliath Machines

The presence of the machines was overpowering. It felt like David and Goliath, with Goliath - the machines - winning. To remain and protest demanded courage from the humans, but other species were to suffer far more.

Just after the police had rolled in and lectured the protesters, five of those giant machines lined up to flatten the forest, and two courageous fantails came out of the trees and flew down towards the men and their machines in a dancing pattern, almost attacking the machines. The men standing by the machines ducked to avoid the tiny birds. Then the little birds returned to their trees and sat there, as if they had made their final statement.

A number of people observed that the wildlife carers employed by Abbeygroup who were meant to be rescuing animals during the destruction did not seem to know what they were doing. People yelled out to the lead wildlife carer, "Do you know what you are doing?" because it seemed so obvious that they were only there for the look of things.

The process of destruction was just so rapid. The bulldozers were operating in two areas. On the north side of the dam and the south east side, where the protesters had had their camp for months on Robinsons road. The protesters just stood and watched helplessly, thinking all kinds of thoughts.

Rod Binnington took this photograph of Simon standing by himself watching the destruction of a third of the grounds of his home which his wife and he had spent much of their lives protecting for the flora and fauna now dead or dying and dispossessed. Joyce knew every tiny plant in that property and all the birds. How bleak politics must seem them now. Although the house has been spared, a third of the property has gone. Most of the community doesn't even realise what is happening, let alone the extent of it.

Government has put itself above the law

If it can happen to Westerfield, it can happen to any of us.

Westerfield had everything going for it to be spared from the bulldozers. All the 'boxes' had been ticked, so the protest should have worked.

In a Hansard presentation by Greens Sue Pennicuick, 5 or 6 pages long, one was devoted to Westerfield. In this she described a way of dealing with the traffic flow that would not involve freeways. There were so many logical alternatives. Many people came up with them but they were just ignored.

Despite the so-called ticked boxes, the gov does whatever it likes. Although there was a VCAT hearing in progress, according to an ABC report, the government has claimed that the clearing work has been approved by the relevant bodies and is not subject to the VCAT hearings.

People say that Justin Madden is just a rubber stamp for the government which wants more and more people.

An observer said that, although they respected the way Gillian Collins went about organising the protests in a quiet and respectable way, they could not understand why she seemed to keep believing that what she was being told was the truth.

"The 'authorities' are laughing at us as they lie to us," he said.

Inadequate Mainstream reporting protects government from just repercussions

Something like this should be on radio and tv day and night, but the report about Westerfield on channel 10 was only a minute long. 10secs on Channel 9. They don't place importance on what the public should see. Who knows where they draw their priorities from?

A young girl there yesterday was about 20 y.o. and you could just hear her despair about the fact that all the boxes are ticked and she could see that and here she was seeing what the government could do and she was virtually saying and thinking, "What's the use of protesting?"

How long will it take her to come back from this, because it takes a lot of energy to protest against the abuse of power. Other people were also in despair. That is what the government and the growth lobby want. Poor mainstream press reporting protects the government from democratic reactions to its abuses of power.

One protester encouraged people to ring the 1300 number of Abbeygroup to tell them that there were no wildlife rescuers present when many of the trees came down. She did this to emphasise that the rhetoric of rehoming and rescuing displaced fauna is only words.

After a lot of the trees had come down, it started to rain. One of the foremen said, "Quick, get under the trees!" but there were only about two trees left standing. The protesters called out, "You would have had more trees before!"

The police should be able to refuse to enforce bad laws. Some were obviously sympathetic to the protesters willing to engage and listen to the protesters' reasons through the fence.

This is the sequel to our important, long-running article,"SEITA Bulldozers imminent on Westerfield Bushland Sth Frankston - Picket-line plans up to Victorian Elections" (was "SEITA Bulldozers threaten...". Update, Monday 27 September 2010: VCAT Appeal and Be ready on site for action Tuesday 28 Sep
On 21 September 2010, Gillian Collins, who has led the defense of the Pines Bushland and wildlife corridors, against the Frankston Freeway for years now, may have taken her final physical stand on this on the battlefield at Westerfield, where she has been manning a picket-line since Monday 5 July 2010. I doubt, however, that we have heard Gillian's last word on this matter, because as she went down, she was brandishing papers and talking barristers.


[Clarification: Linking Melbourne Authority is the new organisation or name which has replaced SEITA in this section of the Freeway. It's hard to keep up with these name changes.]

Update, Monday 27 September 2010: VCAT Appeal and Be ready on site for action Tuesday 28 Sep

Here is news from the front concerning the threatened destruction of historic Westerfield with construction of Peninsula Link (Frankston Bypass). As reported earlier. on Thursday 23 September 2010 Roads Minister Tim Pallas gave an undertaking that work would be suspended until after a VCAT appeal had been heard.

The AbiGroup and its sub-contractors are apparently not working on the property today, Monday, because they have an agreement with CFMEU to honor their "lock down" week-end.

Gillian Collins says that if the AbiGroup and Linking Melbourne authority do not comply with Minister Pallas' decision to suspend the work until the VCAT appeal has been heard, then we will need to show up in force at Westerfield on Tuesday - tomorrow - to continue to make our case.

So the message is - prepare to come to Westerfield tomorrow early if possible. Check later today on www.savethepines.net. This will have current information. Gillian suggests that if there is to be a picket tomorrow coming to the Westerfield house parking lot and then walking down to the picket line. Hundreds of people have visited the picket over the past months. The community support is very much appreciated.

Contact: Gillian Collins, Pines Protectors Phone: 03-9782-5116 Mobile: 0414 309 960
Source: Julianne Bell, Protectors of Public Land

From Gillian: Update#1, 0815hrs, 23-9-2010

Police informed Gillian and site manager confirmed that no trees will be cut down today. Site fences will be built.

From Gillian: Update #2, 22-9-2010

It was a long day today - but what a day! About 60 protestors came to our community picket today and stopped the bulldozers. We owe you such a great debt of gratitude. As Shakespeare's Richard V said in a very loose modern translation - you should have been there!

I am in awe of the courage shown by our faithful band, and by the exceptional work and support shown by the two CFMEU organisers who came to help. Thanks to them and some great mediation by the Frankston Police, we have a short reprieve until 7:00am Thursday morning. Between now and then the Pines Protectors under the auspices of the Frankston North Community Group, Inc. will be filing a case with VCAT to stop the contractor until offsets required by the Native Vegetation Framework are secured. We will also continue to work with the CFMEU and the contractor to get more time.

If we can't stop the contractor from continuing, the bush will be destroyed on Thursday. We saw enough raw power in their three PC300 excavators and a bulldozer today to destroy Westerfield's in a day - a terrifying thought. Some of us will still be there trying to stop them on Thursday. We would welcome your companionship and participation as we face this real life terror.

Gillian Collins
Pines Protectors
0414 309 960

Update 22-9-2010

"Protest co-ordinator Gillian Collins said the group would go to the planning tribunal today to see if there were legal avenues to stop demolition. If the group is successful, the case could become the first test of state legislation put in place last year to stop last-minute legal objections delaying big transport projects. Ms Collins said police had informed the protesters they would be arrested on Thursday morning if they remained. Abigroup spokeswoman Carol Bartley said yesterday work had been put on hold until Thursday morning."
Source: Clay Lucas, "Protesters fight to delay Frankston Bypass work," The Age, September 22, 2010.

The Front Line

Gillian Collins, who has led the defense of the Pines Bushland and wildlife corridors, against the Frankston Freeway for years now, may have taken her final physical stand on this today, September 21, 2010, at Westerfield, where she has been manning a picket-line since Monday 5 July 2010F. The freeway is the work of SEITA and the Victorian Government, and this encounter was with Abbey Road Construction. I doubt, however, that we have heard Gillian's last word on this matter, because as she went down, she was brandishing papers and talking barristers.

Negotiations

Good for her!

She continued to negotiate firmly right to the end with an Abbey Road Construction team, on behalf of the picketers, and all remained on site, to block the passage of the bulldozers in order to defend the wildlife and the trees.

As the picketers stood their ground against several bulldozers, whilst awaiting the arrival of the police, other construction workers began to chainsaw trees at the other end of the property, where the picket-line had its marquee.

Ceci Cairns painting one final beautiful record of tragically destroyed beauty

(My apologies at not getting a picture of the painting which could be reproduced on its own. It is a lovely painting and should become valuable as a unique aesthetic record as well.)

An artist working there, Ceci Cairnes, who had been painting the trees and the tent, was alarmed to see the chainsaws arrive. "No-one even spoke to me. Not even to tell me to be careful. They just began sawing down trees."

When I left only a few trees had been sawed down, here and there, as though the moonscapers didn't want their work to look too obvious right away. Perhaps they intended to finish it at night. A woman carrying one small animal cage - the kind you take a cat to the vet in, followed behind a small group of construction workers, which proceeded towards a large, beautiful dam, surrounded by luxuriant vegetation. As they disappeared among the foliage, I heard their chainsaws start up.

War-zone

My dog had been waiting for me in the car for a couple of hours, so I was anxious to take him walking. I consoled myself with the idea that there were still some areas between here and the Pines Reserve where we could walk off-leash for a kilometer or two without putting wildlife in danger. Heading for the area between Skye Road and the Pines, that runs parallel with McClelland Drive, I passed scenes of complete devastation. Next door to and opposite Peninsular Private Hospital, on the corner of McClelland and Cranbourne Road were moonscaped, with not a tree standing, but mounds of massacred vegetation with broken trunks and branches poking out, and hills of bare, drying earth. You could almost hear the silent screams - or perhaps they were my own - as the earth and the creatures in it died and released the carbon they had stored in their living bodies.

There was industrial mowing along McClelland Drive. Bulldozer-like machines with long metal arms with lawnmowers on the end mowed the roadside vegetation on the left as they drove down the road. This was the first time I had seen such machines. I marvelled at their number, at the embodied energy in these monsters, and at the trouble engineers take to remove every last scrap of life from their projects.

No-where to walk left

When I got to Skye Road, I reeled in horror, because the bushland on both sides was also now reduced to mute and damaged carcasses, bulldozed up to form a dark wall on the horizon. I saw that the actual tree-lined-track beside walled new suburbs that I usually took from Skye Road to the Pines had been spared, although everything between it and McClelland Drive had been blasted. Determined to console myself with this last remaining bit of green, I drove the car up to it and parked. My dog got out of the car eagerly, looking forward to running finally.

All part of "the plan"?

Alas, our way was barred. A grotesquely cheery blue sign announced on behalf of the Victorian Government that this was "all part of the plan!" Maybe body-snatchers have invaded our leaders in Victoria. That would explain their alien plans for the rest of us.

Infuriated, I drove on to a road that leads to the golf course on McClelland Drive. Word was that they had done a deal with SEITA to have their course saved when parts of the adjacent Pines Wildlife reserve had been sacrificed. I thought that I should be able to get into the reserve with my dog, via the golf-course. I realised I would have to keep my dog on a leash, but it would be better than nothing.

Locust-like swathe cuts Pines Reserve

The entrance gates to the Pines Reserve adjacent to the golf course were covered in signs telling the public to keep out, but the gates were wide open, and Nubi and I had had enough. We walked through the gates, heading for the sand-hills in the distance. Alas, to the left and to the right were more scenes of devastation. The bulldozers had already been through here too, leaving only a few self-important little men in florescent parkas walking about with mobile phones a few hundred meters away.

Log-truck load in Frankston Pines

My gaze was arrested by a truck bed stacked with enormous logs. I had not thought that there were such large trees left in this area. For a moment I thought this must be part of an exhibit I had seen in the outdoor exhibition at the McClelland Gallery, but these logs were much larger. I wondered what would happen to them.

At last I realised the extent of the Frankston Freeway: it was going to trash most of the bushland I had come to love in the 20 years since I moved into an old house here - no, not some new development. Below is my google-earth grab of what it looks like to me.

The Victorian Government is at War with Nature

The Victorian Government is at war with nature and the people who defend nature. It has been shown to flout its own laws on fauna protection. It presses the interest of property developers and passes laws to promote property development in the name of economic growth which it prioritises over all other things. It forces population growth on the people of Victoria and thus creates new pressures daily for our natural environment. We are not able to affect our government democratically on these issues because the opposition holds similar values to the government. The Victorian Greens won't criticise population growth or property development as priorities, only trying to minimise a harm which must eventually overwhelm all attempts to compensate for it or otherwise attenuate the damages it causes to our natural surroundings and the fauna which depend on them.

The Victorian government licenses agents, such as Abbey Road Constructions, to carry out its will and expects the police to back up such corporate activities in the field. It thereby forcibly exerts its will against democratic objection.

How should Citizens react to forcibly carried out undemocratic actions which they hate?

Most of us cannot afford to access the formal legal system and there are few laws to defend the environment and fauna and flora which the public can actually make a complaint under. Usually those laws require another party - often a State Government agent or an NGO in receipt of government funding - to act on behalf of the public and bring a complaint, and this so rarely happens.

In the absence of legal resources, for whatever reason - either by lack of money or lack of good laws, how should citizens react to force? They cannot afford to initiate force because the state holds the power and the means of savage repression. Citizens do, however, have the moral right to resist the state or its agents and contractors where they forcibly act against democratic objection and the spirit of laws to defend environmental and ecological values, for all kinds of reasons.

The importance of picket lines

The use of picket-lines represents a reasonable and defensible response where citizens use their bodies to resist the impacts of unreasonable government policies, whether carried out by a contractor or directly by government employees, in the opinion of this author.

Gillian Collins and others on the Westerfield Picket line took a courageous and necessary step in the battle of Victorians to defend their right to protect and conserve their natural surroundings and the right of indigenous fauna to live in peace. They have not won this battle, but the war is still on and there must be more battles.