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 Spencer says fight not about land clearing 

Spencer says fight not about land clearing

05 Jan, 2010 02:48 PM
HUNGER-striking farmer, Peter Spencer, insists his protests have nothing to do with land clearing, but property rights, he told FarmOnline from the top of his "tower of hope" today.

Mr Spencer is now on day 44 of his strike – consuming only water, lemon juice and some vitamins – but appears to still be extremely coherent, animated and in good spirits.

He said he was only vaguely aware of the growing support he was getting from farmers and the public for his protest, and while urged by friends to come off the wind tower and end his hunger strike, Mr Spencer insisted it would happen if he spoke to Prime Minister Kevin Rudd.

Mr Spencer has been arguing in the courts that the Commonwealth is deriving benefit from his farm because native vegetation restrictions which have banned him and other farmers from clearing their land have enabled the Government to meet its Kyoto commitments.

Mr Spencer has said this was carbon "theft" and he and other farmers should be compensated.

Mr Spencer and his supporters argue they have proof the Federal Government coerced the States into imposing land clearing restrictions, but concede there is nothing written in black and white to that effect.

They want constitutional recognition of the property rights, from which they say the Government is benefitting, and have called for compensation for Australian farmers to the tune of $10.8 billion.

The National Farmers Federation says it has been supportive of Mr Spencer’s case and the Australian Farmers Fighting Fund has been supporting it also.

An NFF spokesman said the case against the Federal Government was currently on hold in the High Court pending the outcome of Arnold and others vs the Commonwealth (Lower Murray groundwater case) as the two matters - from a constitutional perspective - were related.

He said the NFF has been pressing the Federal Government for due recognition of farmers, given the overwhelming reason Australia is on-track in meeting its Kyoto emissions targets is due almost entirely to farmers being denied the full use of their land as a result of land clearing bans.

"We maintain that the whole Australian community, not to mention the Government and the national economy, has been the benefactor of this cost born by farmers, which have seen agriculture’s emissions fall 40 per cent since 1990," he said.

NFF also said failure to compensate farmers was an abuse of farmers’ legitimate property rights and recognition should include both compensation to affected farmers and acknowledgement of the prior contribution of the farm sector through climate change mitigation policy development.

However, Minister for Agriculture, Tony Burke, said he was reluctant to make any statements "off the back of somebody publicly attempting self-harm" but insisted this was not a Federal Government issue.

"The only priority that matters right now is for Mr Spencer to again receive food," Mr Burke said.

"Anybody who sees Mr Spencer's current situation as an opportunity to advance a cause is doing him a grave disservice.

"Not withstanding this there is some misinformation about Federal Government policy which needs to be corrected.

"No action taken by this Government in relation to climate change has resulted in any change in the way in which farmers can use their land.

"Any suggestion to the contrary is just plain wrong.

"Mr Spencer's concerns relate to State land clearing legislation which was introduced more than 10 years ago."

Mr Burke said he had attempted to communicate this to Mr Spencer in a letter which was personally delivered by local MP, Mike Kelly.

"Unfortunately, a spokesman for Mr Spencer has indicated through the media that the letter will be returned unopened," Mr Burke said.

"The Government urges Mr Spencer in the strongest possible terms to end his protest and seek medical attention."

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Peter Spencer should not expect the gutless Krudd to appear at his protest site. After all, Kevie boy is too busy writing children's books to listen to everyday Australians succumbing to the inept rule of ALP policy.
Posted by Futureproof, 5/01/2010 7:23:37 PM
dont give into the idiot rudd, hopefully he gets struck by lightning!
Posted by grego, 5/01/2010 8:33:58 PM
Mr Bourke the Rudd labour government ratified the Kyoto agreement and continued the Howard policies that ensured that farmers were the only ones that paid for Kyoto targets to be met. "No action taken by this government", is your quote. No action on fairness , no action on compensation, no action on justice
Posted by wally, 5/01/2010 9:30:17 PM
How true Peter. Unfortunately the pie in the sky "greenies" have always seen any protest related to 'vegetation management' as rural landowners who they consider to be greedy environmental vandals just wanting to further ruin their land. In Queensland, the day land clearing rights ended (31/12/06) Beattie bragged to the press that the result was that Queensland had met its targets for Kyoto, so the connection is out there for all to see in print. And, there are plenty of links to the Federal Government: firstly, this Act was used to lock up so called "Essential Habitat" for endangered species, a requirement from Federal legislation, secondly, the Federal Government was meant to provide some 'adjustment' (not compensation) funds (when Howard was PM) but didn't, and thirdly through the Intergovernmental Agreement were were links. A few years ago I wrote to Peter Garrett seeking action/compensation in relation to this but he didn't bother to reply....not surprising.
Posted by bushie, 6/01/2010 5:03:22 AM
NFF your support of Peter Spencer has been very soft in the extreme. Where were you when NVA was introduced , when affected farmers were trying to fight ten years ago. You are still sitting on the fence waiting for another court case. We know the Howard government used the states to steal our assets. Its time you stood up to get some changes to support farming families instead of corporate agribusiness.
Posted by wally, 6/01/2010 6:43:48 AM
Bushie is well informed unlike Rob Moore 29th Dec. Wild accusations about this issue won't go anywhere. As spencer says this is about what many have called property rights. They may be attached to title but title unfortunately has not conferred them automatically. It was those silly fools in AgForce who worked their butts off to get a property instrument for vegetation. PMAVS have delivered. They could do more but considering who drafted the Bill we should not have expected better. The Howard Government tied funding to the land clearing issue and Ministers of the day, MacFarlane, Truss, Hill and others pushed hard. They were up to their ears in it. Hill went to Kyoto knowing what he wanted and got it. The conundrum for the Commonwealth is that if the condition of the vegetation - thickening and encroachment were to count - then they would trigger the "Australia" clause Article 3.7. This would prevent the use of the land clearing as an offset. The vegetation had to be a net source of emissions not a net sink in 1990. In my view Wong is aware of the risk and that is why land clearing has not featured as part of the Rudd solution. Why bother when Howard's team had done the job.
Posted by phil-oc, 6/01/2010 7:45:46 AM
At last we are seeing Bill Heffernan's true colours... His gutless attack on Peter is precisely the reason the National's should never amalgamate with the economic-rationalist Liberals, and why the odd Independent isn't a bad thing to have around. (Although we could probably do with less Mr Windsors, who's sole motivation these days seems to be to try and bash the Nats.)
Posted by Duncs, 6/01/2010 7:47:40 AM
anti clearing laws are not there only for carbon but also for other environmental outcomes. Overclearing has been clearly shown to have detreimental impacts on the very ecosystem services that underpin agricultural production. The balance needs to be restored. There is a perception that (a wrong one) farmers clear an area then farm it to death and then move on to the next. Better communicaiton with the greenies might help. Next time a bunch of combie driving dreadlocked and smelly hippies come into town instead of abusing them how about engaging with them, hear what thier points are and explain to them the many restrictions and dificulties you face. I reckon farmers and greenies have a lot more in common than they realise and together would be a far greater force. Nothing wrong with farming green.
Posted by the lorax, 6/01/2010 7:55:29 AM
So do farmers want agriculture in or out of any ETS? Or do you want a bit both ways? If you have timber on your property (whether it is endemic or native plantation) and the ag industry wanted to be in an ETS or some other form of GG offset scheme then land owners could derive an income from the timbered or regrowth sections of their properties.... This isn't about property rights....it's about laziness, close minded thinking and a sad lack of innovation and forward thinking from both farmers and politicians. I thought our farmers were better than this....as for the pollies - my opinion is unchanged.
Posted by seano, 6/01/2010 8:06:04 AM
You have seen the drivel they post on this site. the lorax, engaging with religious fanatics is a waste of time. Anyway it's not the smelly hippies who are the problem it's the 'wealth guilt' urban elite who are the problem.
Posted by Qlander, 6/01/2010 8:30:06 AM
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Peter Spencer in his tent atop a wind tower on his Shannons Flat farm where he is on hunger strike against governments erosion of private property rights.
Peter Spencer in his tent atop a wind tower on his Shannons Flat farm where he is on hunger strike against governments erosion of private property rights.
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