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Landholders lose out in mining property dilemma

24 Dec, 2010 07:12 AM
As chairman and the only authorised spokesman for the Property Rights Australia board, I am mystified at shadow minister for natural resources, mines and energy, Jeff Seeney, bringing PRA into his

debate on his differences with his colleagues and constituents.

Let's see him "build a credible case on demonstrable facts and verifiable main stream science that will withstand any reality check" in the CSG mining industry.

Labor minister Robertson is much closer to the unfortunate reality by claiming to proceed with the oxymoronic "adaptive precautionary principle".

There lies the nub and the core of the dilemma. Neither position is obtainable or sustainable.

I have been contacted by shadow ministers distancing themselves from Jeff Seeney's remarks criticising PRA.

In a wind-up speech at a public meeting in Miles two weeks ago attended by 100 people called at short notice by concerned local LNP members to discuss Seeney's remarks, Howard Hobbs unequivocally promised on regaining government to pass a bill enshrining a charter of inalienable property rights for landowners - an undertaking coincidentally given at many PRA annual meetings and mass rallies in laudatory speeches by shadow minister Seeney.

We need to address the assertions in Mr Seeney's article.

It is clear from his attack on Property Rights Australia that he understands the reasons behind the inception of PRA almost a decade ago.

He rightly observes that PRA was formed to counter the shameful injustices wrought by the Vegetation Management Act.

Mr Seeney admits that he had high hopes that PRA may be able to achieve some changes to protect property rights against the outrageous attacks of the Beattie government.

Where the vast resources and apparatus of a political party had failed, he hoped that a small volunteer lobby group funded by member donations would succeed.

(PRA was formed to husband a fighting fund to subsidise test cases limiting litigation in the administration of the Vegetation Management Act).

He further observed that PRA has achieved no change at all in regulation or public opinion.

It is not possible for PRA to achieve legislative or regulatory change. That's the job of Mr Seeney as shadow minister and his opposition colleagues.

The goal of an opposition is to convince the electorate that they are fit to govern.

Mr Seeney has failed in that regard for over a dozen years and the erosion of property rights has continued apace, with hundreds of amendments to vegetation management legislation and the introduction and expansion of the appalling Wild Rivers Act which effectively trades the property rights of Aborigines for continued political power.

Does Mr Seeney think Noel Pearson is wasting his time as well?

Precisely what are these "extreme positions and wild claims" that have so damaged the credibility of PRA?

Is it the position that the owner of freehold land owns every tree on it and that proper compensation must be available for the loss in value suffered?

That's not an extreme position of PRA, but the view of retired High Court Judge Ian Callinan.

Is it the position that the Vegetation Management Act violates almost all of the basic principles of constitutionalism and good government?

That's not an extreme position of PRA, but the view of Professor Suri Ratnapala of the University of Queensland School of Law.

Is it the position that the enforcement provisions of the VMA violate the most fundamental requirements of criminal justice and should concern every civil libertarian, and the powers of authorised officers recall the authority of the infamous Star Chamber? No, that's Professor Ratnapala again.

Is it the position that banning regrowth clearing has many deleterious hydrological and biodiversity impacts that are mostly glossed over by the proponents of the bans?

That's not an extreme position of PRA, but the view of retired DPI woodland ecologist Dr Bill Burrows.

PRA confronted the reality long ago that as a small group, it was unable to fix what is essentially a political problem, and concentrated its efforts on limiting the damage done to rural families by ensuring the legislation was administered according to law.

PRA has had significant success in this regard.

The risks of coal seam gas extraction are real, otherwise there would be no need for the complex regulatory controls that have been imposed.

The major problem is that if damage occurs, it will be almost impossible to remedy, and that remedy will depend on the government of the day - no matter what colour.

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I just joined the LNP. Now that I am a member, I will write to them about my concerns. The LNP were travelling along ok until Jeff opened his mouth. Someone might want to take Jeff aside and say that it is one thing to be a fool, but quite another to open your mouth and prove it.
Posted by Struth, 24/12/2010 9:16:05 AM, on Queensland Country Life
A brilliant reply to an incomprehensible rant,

Let us work for a future that minimises the impacts upon the environmental, social and food production values. Why do we need to develop a gas industry at an indecent haste? Instead of burning up a resource in 30 years with dire side effects, let us have a gas industry that is beneficial to local communities for 100 years and is an asset for landowner gain a monetary benefit.

Posted by Dale Stiller, 24/12/2010 11:08:45 AM, on Queensland Country Life
Congratulations Ron Bahnisch on an article constructed with facts.

One would assume that Hon Jeff Seeney would be contemplating a large portion of humble pudding this Christmas.

Property Rights Australia, though a small organisation has the enviable position of credibility.

Voters should look carefully at this organisation, its outstanding leadership, as should Politicians in general.

It has been brought to our attention of a small website that has some interesting discussions on it. This appears to be a more social network, though noted are individual groups whom have a page designated to them.

Readers may find this site of particular interest.

http://agmates.ning.com/group/propertyrightsaustralia

There are references to a plethora of issues of rural communities.

Also noted are contributions by Ron Bahnisch himself, which no doubt resonate with members of Property Rights Australia.

It is apparent that members of AgForce are not always able to contact their Chairman, nor of NFF, where as it appears that Property Rights Australia is accessible to members and non members.

Is this the organisation to finally give the country folk a voice?

Posted by Flynn, 24/12/2010 2:07:55 PM, on Queensland Country Life
Mr. Seeney is very enthusiastic about CSG as the benefits flow right through the middle of his electorate.

In any case Seeney the rooster becomes a feather duster when you realise that projects of state significance will be under the purview of Springbourg in the shadow cabinet.

Seeney views are not shared by the majority of the LNP.

One wonders whether he has even seen the movie "Gasland" yet?

Posted by Murgatroyd, 24/12/2010 2:11:33 PM, on Queensland Country Life
Mr Seeney you seem to miss the point you were elected to QLA to represent the people of Queensland and to enact legislation to protect their interests and aspirations. If there are some groups of Queenslanders on the Darling Downs or elsewhere that have grave concerns about the effects of CSG mining environmental property and social I would think it was your job to listen to and support them just as they supported you when they elected you to Parliament. I am a bit at a loss as to how you say PRA failed to change the Veg Management Act and all its injustices when the whole time since its enactment the Labour Gov responsible has been power. Did it not occur to you that maybe we would need to succeed in the election of an LNP Gov to facilitate this change and justice.People are relying on you Mr Seeney to correct these injustices and also protect their interests if you are not up to it step aside and let someone else get on with it!
Posted by Christopher Leeds, 24/12/2010 2:44:03 PM, on Queensland Country Life
Many thanks Ron Bahnish for your masterly response – calm, reasoned and challenging – in this week’s QCL to Jeff Seeney’s ‘wild’ and unsubstantiated allegations, soundly showing them to be totally baseless.

One would hope that a sincere and humble apology from Jeff would be forthcoming.

Posted by Elizebeth Flower, 25/12/2010 12:08:08 AM, on Queensland Country Life
The only rationale for the members arrogant attitude is that he is looking to a life after politics.

I guess he is trying to pave his way to chairmanship of a CSG company, and we, who have always supported him and his party, can all be damned.

although lifelong National supporters, many of my friends will be voting LNP last because of Jeff Seeney. at least we know what to expect with Labor or the Greens, or preferentially an independant.

Posted by wonderland, 25/12/2010 9:22:26 AM, on Queensland Country Life
Great rebuttal Ron.
Posted by Joanne Rea, 26/12/2010 8:33:38 AM, on Queensland Country Life
Even in our current political disarray the attitude of Jeff Seeney is incomprehensible. With a brain the size of bird seed the absolute future devastation and immorality of CSG extraction without massive investigation and compensation is clear. It is time politicians, now highly paid in view of their limited capacity, are liable for their actions as are company directors who were previously unaccountable. This was changed due to their recklessness. As for giving him a vote it would be more beneficial given to the"No Hoper Party" if it existed.

The asbestos mine at Wittenoom has closed off one of the most picturesque areas in the North of WA a complete scandal with the James Hardie Co moving its head office around the world to escape its responsibilities to staff.

Jeff Seeney should be ensuring that a substantial bond is given by the CSG companies and a fund to pay compensation at unaffected market value and relocationc cost. The directors and he enter a personnel guarantee to restore the area and for the government to provide substantial funding to PRA Australia. These funds are essential to halt the escalating loss of property rights a major objective of the UN

Posted by Ralph Prestage, 26/12/2010 4:03:30 PM, on Queensland Country Life
Another extreme position would be:- “The Council has not taken any interest of Mr Bone’s, so as to attract the operation of the Acquisition of Land Act 1967 or otherwise. He retains unimpaired, for what it is worth, his estate in fee simple absolute in the land. He has been stripped of virtually all the powers which make ownership of land of any practical utility or value.” - McPherson JA. (Bone v Mothershaw 2002 QCA 120)

Rather than add insult to injury, Mr Seeney and his side of politics need to explain exactly what they are going to do about the ‘Extreme Injustices’ perpetrated against farmers & landowners by the Qld legislature and its trespassing ‘Authorised Officers’.

Posted by hide the decline, 27/12/2010 1:45:37 AM, on Queensland Country Life
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