While NSW government departments and Liberal/National politicians distance themselves from taking any responsibility on holiday letting (see news, page 3), where exactly will tourist and visitor accommodation be permitted in Council’s new planning document, the draft 2012 LEP (local environment plan)?
Taking Byron Bay’s existing business and residential areas, the town has been zoned broadly into R2 (low-density residential), a little of R3 (medium-density residential) and B2 (local centre). Zone B2 (local centre) is the only zone that permits all forms of ‘tourist and visitor accommodation’ with consent and predictably covers Byron’s CBD. But that’s a small area; zone R2 (low-density residential) covers much of Byron’s residential areas, including Wategos, and lists ‘tourist and visitor accommodation’ as prohibited but ‘bed & breakfast accommodation’ and ‘boarding houses’ as permitted with consent. Zone R3 (medium density residential) is similar to R2 in this regard, with exception that R3 also permits ‘serviced apartments’, Council may say what they consider is illegal through LEP ‘provisions’; however, any authority it has is being undermined by those who holiday let in non-holiday-let zones. Will this new LEP provide any more certainty? It will if Council bothers to uphold it in the courts – otherwise why not drop the charade? Residents don’t have to wait around for councils, however. In a case brought to the Land and Environment Court over a holiday letting at Terrigal, the Dobrohotoff family, fed up with disruptive short-term neighbours, had a win despite the reluctance of the Gosford council to prosecute. If our council continues to dither with ‘consultation’ when it’s action against illegal letting that is needed, then it can’t be too surprised if residents see the courts as a source of more reliable justice.
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There’s never a dull, or even modest, moment in the easternmost part of the nation. Take last week, when nude beach-goers were under Council’s watchful eye in the ordinary meeting.
Despite a staff recommendation to revoke the clothing-optional status of Tyagarah Nature Reserve, councillors deferred it to a stakeholder consultation. While bathing nude is generally not a threat to the public, there is no doubt that Tyagarah’s Grays Lane, specifically the tea-tree lakes and Tyagarah beach’s sand dunes, is a place where public sex acts are, well umm, performed. And that has unsurprisingly shocked and offended those who were not aware of the activities that exist there. Nothing like walking little Timmy past a grunting, hairy, fat, masturbating old weirdo to get some beach time. If a film crew visited daily to collect footage, would the incidents decrease? Maybe the typical pervert would instead revel in a new found celebrity status and become even more of an exhibitionist. Is that even possible? One imagines you’ve reached a plateau of no return with that behaviour. Interestingly, the same issue was tackled at the Boatharbour Nature Reserve near Lismore years ago, where National Parks and Wildlife Service (NPWS) locked the gate to what had become a seedy pick-up joint. The problem with the tea-tree lakes and beach is that locking up such a large area would be well, impossible, and unfortunately signs alerting the public are regularly stolen or taken down. Hopefully a solution can be brokered where baring your bum on the Tyagarah beach is allowed and the creeps that frequent a traditional Aboriginal birthing ground are expelled. Hans Lovejoy, editor It’s easy to point the finger at the US government for exercising hypocrisy on the world’s biggest budget.
Its economy is driven mainly by warfare and it has an appalling foreign affairs record. It bullies because it can and it suffers from a complete lack of transparency, as exemplified by president Obama’s hostile reaction to whistle-blowing. But considering societies that kill and mutilate – mostly females – in the name of bronze-age religions, free-market democracy with all its faults has some appeal. Yes, there is hope for the world’s most influential and powerful entity: consider the recent ambition by a small group of senators across party lines to restore the financial integrity which helped make the US successful in the first place. The Glass-Steagall Act of 1933 is actually a well-known topic within Occupy activist circles, but what is it? To paraphrase the HBO series Newsroom, there are two types of banks: investment and commercial. Investment banks are the gamblers (futures trading, derivatives, hedge funds, etc) while commercial banks are where general savings and cheque accounts are held. They were separated from each other after the 1930s depression because, when combined, it proved to be unstable for the entire nation – and world. But in 1999, both banking systems were again combined under president Clinton and guess what – there was a financial crash in 2008. The Washington Post online reported on July 12, 2013 that ‘Nobel laureate economist Joe Stiglitz, among many others, fingered 1999’s partial repeal of the [Glass-Steagall Act] law as a contributing factor behind the [2008] financial crisis.’ Why does this matter locally? Any collapse of the US economy affects the West, as it did in the 1930s depression. In 2008, billions were wiped out globally, affecting Australia’s local governments as many held ‘toxic’ assets tied to the US. Until we can wean ourselves from the US greenback we are stuck with their good or bad decisions. Hans Lovejoy, editor It’s either good or bad news: the NSW Environmental Defender’s Office (EDO) was thrown a cash lifeline by the federal government last week after the state government, with pressure from the mining sector and News Ltd, cut some of its funding late last year.
The EDO is a small team of lawyers, with offices in Sydney and Lismore, which examines government policy and represents and advises the public in environmental law cases. So re-instating their operational costs is good news if you value free speech and a differing opinion. But as reported in News Ltd’s The Australian, it’s bad news. Its Friday July 5 headline, ‘Boost for anti-coal body shows Labor knows how to alienate its heartland,’ can be found amid stories spruiking new mining projects. According to corporate shill journalist Chris Merritt, Hunter Valley coalminers should reject Labor because they are now funding the EDO, which ‘advises those who want to destroy their industry.’ In contrast to News Ltd, the ABC reported at the time of the funding slash that there was ‘an angry backlash in the Hunter Valley’ over the EDO cuts. So which media outlet offers less spin? Bulga-Milbrodale Progress Association vice-president, John Krey, told ABC that without the EDO’s help, mining expansions such as the Mount Thorley-Warkworth mine will continue unabated. ‘We could not, as a community group, afford to run and pay full fees for legal teams to run our case.’ Meanwhile NSW resources minister Chris Hartcher told The Australian late last year there’s a ‘left agenda to destroy the economy.’ Politics aside, if the mining industry were prevented from dictating Australia’s economic growth and we adopted best practice sources of renewable energy already available, our economy and environment would be in much better shape. Preventing the fossil fuel industry from regulating the renewable sector would be a start. It should be noted that our local NSW MP, Don Page, appeared to have no interest in fighting against his government’s cuts to the EDO. The upcoming referendum asking Australians if they want local government recognised in the constitution has, like previous attempts, been met with confusion and the glazing of eyes.
Though the odds are stacked against it getting public support, it does offer an opportunity to examine the state and federal governments’ tenuous relationship and how they administer our taxes. According to Shipra Chordia, director of the Federalism Project at the University of NSW, around 80 per cent of the federal $2.7 billion budget to local government is channelled through the states. ‘The remaining 20 per cent is direct funding from the federal to the local level, and is used to finance popular programs, such as the Roads to Recovery program.’ Without a clear constitutional power to directly fund local government, we are told by proponents, a significant number of federal to council programs such as the Roads to Recovery program might be put in jeopardy by future High Court challenges. But would recognising local government undermine the principles of federalism or our Constitution? There is little doubt that such changes are a threat to the states’ powers and relevance. This is primarily because the feds could bypass states and presumably expand on funding directly. And similarly, opponents say councils with more power could perhaps apply taxes instead of rates, while ‘spot’ fines could have more legal legitimacy and carry harsher penalties. Also it would be harder to challenge councils in the federal courts. It’s been said all government tiers exist to prevent local dictatorships and corruption, and it’s widely recognised to be critical that no level of government has too much power. Council’s purpose was originally intended to provide essential services and maintenance, and opponents say it should not extend beyond roads, rates and rubbish. Others say councils’ roles are, in practice, much more. Past and present poor performances by NSW Labor and coalition parties make a good argument for change, as does this region’s lack of funding relative to other local government areas. Who wouldn’t want better local governance and a streamlined, less complicated bureaucracy? The referendum will be included with the September election, and the amendment’s wording has just become public at http://regional.gov.au. Also see http://localgovrecognition.gov.au. Hans Lovejoy, editor It’s heartening to hear that the NSW National Party has thrown its support behind a local hemp manufacturer.
Bangalow based Hemp Foods Australia is spruiking the funding by NSW Trade and Investment of six new employees for a minimum of three months, which director Paul Benhaim says is ‘invaluable in improving financial stability and credibility to move ahead and employ many more for longer.’ According to Benhaim, there is strong interest from Asia and North America and, ‘we’re confident we will become market leaders in the southern hemisphere with our specialised products.’ Presently the company produces hulled hemp seeds, oil and protein. But unlike the tinctures that reportedly provide relief from epilepsy, his products contain no THC. Instead, his company specialises in food-grade stuffs which contain omega-3, omega-6, omega-9 and essential fatty acids. The catch? Hemp foods are not allowed to be sold as food in Australia and New Zealand (except for hemp oil in NZ). Buy this stuff locally and it has to be applied externally; however the federal government is looking into it. Anyway, local Nationals MP Don Page says hemp foods are ‘a prime example of the NSW government’s success in helping regional businesses move forward and boost employment.’ ‘Jobs are always a priority in NSW, especially in the bush, and this government is working hard with bright initiatives to provide them.’ Similarly, NSW deputy premier and Nationals leader Andrew Stoner was quoted in Benhaim’s press release as saying the performance of hemp foods ‘would hopefully be a story repeated over and over in NSW as the government’s incentives and strategies became established.’ So will we see the Nationals take the ball on this and promote jobs and industries that will take on big pharma, plastics, paper, cotton and fossil fuels? One could say this is certainly a good start. And it’s not often the Nationals can be commended; let’s forget for now that appalling $2m rail study designed to rob this region of public transport, planning reforms that favour developers, or proposed legislation to sack councils and shift power to the state. Oh, and also Mr Stoner’s refusal to support a mini-hydro business in his own electorate, as reported in The Echo a few weeks ago. While Mr Page says jobs are a priority in NSW, his leader Mr Stoner failed to offer the same assistance to that industry. It could have possibly saved a Dorrigo business that offered renewable energy. The $2 million dollar rail study into this region is a failure because its terms of reference do not mention peak oil, climate change, food security or the intelligent design that rail offers.
And MP Don Page obviously carries little weight in parliament – he told ABC radio last year that he would ask for a broader environmental scope but somehow that was ignored. The study provides answers the government was looking for: more roads. It’s a rail study that looks like it was written for the fossil fuel dependent freight industry. So while the fossil fuel dependent freight industry move almost everything about, including food, why did this report not mention any of the environmental and social benefits of rail? Wilfully concentrating transport options could perhaps be considered treasonous in more informed and engaged societies. Interestingly, the government report alluded to this region as being home to a bunch of welfare dependent moochers. It says accessibility and mobility needs, ‘are not primarily driven by economic growth, but by a large and increasing dependent population needing regular access to services.’ Perhaps we should instead blame ourselves for not breeding enough to create a consumer economic need. Or for not developing this region as fast as Queensland. Light commuter rail between towns is in the best interests of this Shire, not ‘tourist trails’. It would create instant economic stimulation, and apart from easing traffic burdens, the greatest gains from trains would be in ensuring food security, self dependence and resilience. Where are the vision and balls in current political governance? Was it ever there? Maybe the last future vision was when then- premier of NSW Sir Henry Parkes arrived by train to make his famous federation speech in Tenterfield. It was a speech that set in motion the formation of the Commonwealth of Australia. I honestly can’t tell the difference between Fairfax and News Ltd any more, especially after the Herald went tabloid and Gina Rinehart’s toxic influence infected it.
Evidence could be found in a recent Chinese junket shared by both the PM’s department and mining magnate Andrew Forrest. Crikey’s Matthew Knott revealed last week that both Fairfax and News Ltd’s expenses were paid by Andrew Forrest’s Fortescue Metals Group and that payment wasn’t disclosed. And both Fairfax and News Ltd didn’t think it was a problem. Presumably Forrest innocently wanted to make a few new friends while hoping no one would mention Tibet or the Falun Gong. And it worked – having your own media tag along ensures those awkward questions are never asked. Knott says that Mark Pearson, an expert in media law and ethics at Griffith University, told Crikey media outlets should disclose paid travel and accommodation within their stories or in a footnote at the end. ‘The mainstream media needs points of difference from the new media,’ he said. ‘They don’t do it at their peril. It’s what distinguishes them from the riff-raff.’ But why bother with a point of difference when you both control almost everything? According to The Australian Collaboration’s Democracy in Australia – Media concentration and media laws document (found at www.australiancollaboration.com. au), ‘Currently two newspaper groups (News Limited and John Fairfax Holdings) account for over 90 per cent of the circulation of daily newspapers, and Australia has only three commercial television networks.’ So Woolies and Coles own the food and if it wasn’t for the ABC, News Ltd and Fairfax would own the information. A misconception about big media is that it behaves like any corporate organisation. It simply doesn’t. In addition to customer relationships and shareholder obligations, it has a unique role in democratic societies. The fourth estate, as it was once called, provided societies with critical analysis of those in charge. Not any more. Given the current climate of sucking up to mining, would more media diversity just mean that Mr Forrest and the PM would have to charter more planes for overseas junkets? As I expected he’s up front with a wide smile. ‘Ah you’re from the paper that keeps bagging me.’
‘Oh no,’ I enthuse, ‘I have never published anything about you.’ I am sitting at a table with federal Nationals senator Barnaby Joyce in the food hall at the South Tweed mall. We huddle to escape the noise of eaters while a flock of nervous Young Nationals hover nearby in outrageously loud yellow t-shirts. Thankfully veteran Echo photographer Eve Jeffery is with me. Sitting casually to one side, she holds the camera at waist level and clicks away as we chat. He’s listening intently as I explain last week’s Echo lead story on a renewables company that went bust. In conclusion I asked, ‘Is it a conflict of interest that a board, comprising partly the fossil fuel industry, regulates the renewables industry’s?’ Barnaby wouldn’t bite and it became clear I was onto something. Despite being well known for giving an opinion on anything he gives me nothing. We move on and Barnaby volleys a straight political ball. ‘You know, it’s important that we have this opportunity to speak,’ he says, ‘being that your paper is not particularly aligned with us, it’s a good thing that we reach your readership. ‘Real politics lies in differing views,’ he says with a sparkle in his eye. At that point he opens last week’s Echo, lands straight on the lead story and his jaw drops. The camera clicks. In disbelief he points at subheadings ‘Little To No Support From Nats’, ‘MP Hartsuyker: No Political Weight’ and ‘Glazed Abbott.’ Who killed the electric micro-hydro industry? With no doubt it was successive duopoly governments and the Clean Energy Council (CEC). The real story is that by amending the Environmental Planning And Assessment Act 1979 and overhauling the CEC, micro-hydro company Pelena Energy might have been saved from bankruptcy.
And given the opportunity to operate under a free market unhindered by regulation, that business could have been the envy of the renewables sector. After all, the north coast’s plateaus have enough small streams to supply free energy. But as it stands, the fifteen year old Dorrigo based company will soon close its doors and lose five staff due to incomprehensible laws that govern its industry. It’s perhaps too simplistic to write off the NSW coalition as ‘anti-free energy’; after all, research funding was awarded in 2011 to hydro company Waratah Power. But it’s been two years since $300,000 of our tax money was splashed at Waratah Power, and its website does not indicate tangible outcomes and appears to be still in a‘research stage’. Meanwhile Mr Lynch’s Pelena Energy was manufacturing and exporting his technology overseas because he couldn’t do it here. The only government assistance he received was a grant of $2500 to fund half his website costs while he received no subsidies – claims Mr Lynch – unlike fossil fuel corporations. Perhaps Waratah Power has more lobbying power and inside connections than Pelena Energy? Another main factor in Pelena Energy’s failure is the Clean Energy Council’s policy to squeeze hydro and promote solar. Thankfully legislation can be amended, and all it would take is political courage and a change in CEC policy. Or even better, the abolition of the CEC.But courage certainly isn’t coming from the National Party which preside over his electorate. So much for representing regional Australia: Liberal toxicity has clearly infected the Nats. Incidentally, hyrdo power is nothing new and even provided Mullum’s electricity at one point. It’s all common knowledge. Why isn’t it national news that a company offering sustainable energy solutions has been railroaded by bad regulation? The survival of micro-hydro companies like Pelena Energy is certainly in the public interest. Maybe its demise is not so much a political failure but a failure of collective knowledge and interest. |
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