A TALE ABOUT DAMS
To write in support of Peter Spencer and why he is on a hunger strike I need to tell my readers how country Australian land owners are being robbed of their rights to utilize their land. I will explain how our Australian Government can act, when it so chooses, to over-rule State Governments. Our farming property Das Helwig Haus B&B is free hold title, but increasingly what we are allowed to do on our land is being eroded by State and Federal laws. I do not have the freedom to now clear land, build dams or light fires – freedoms taken for granted by my Australian forebears.
Our fallow farm land
On the Agmates site Rob Wass explained How our Politicians (at all levels) Appropriated our land (property).
Because this particular area is hugely complicated, that is, Public Law vs the Law of Property (common law) and the Rules of Equity vs the Constitution, I will be using as little jurisprudence and law as possible and keep it narrow therefore there will be overlapping gaps that will not be addressed which includes areas such as the ‘Earth Summit’ – Rio 1992 – ‘Agenda 21’ – ‘Kyoto’ – the National Environment Protection Council Act 1994 (C’th) as mirrored by the States (bilateral agreement), same title however dated 1995 and other bilateral agreements including planning instruments struck under chapter 3 of the Environment Protection Biodiversity Conservation Act 1999 (C’th) which also includes agreements funded via the Natural Heritage Trust Fund again from chapter 3 of the EPBC Act, and so forth and so on.
It must be clearly understood that ‘Constitutional’ requirements in relation to ‘Land’ (property) is vested with the States under the provision of “A State” of the Commonwealth of Australia Constitution Act - by virtue of the fact that the Commonwealth does not possess (1) a Crown Lands Act, (2) a Conevyancing Act, or, (3) a Real Property Act – for the purposes of the registration of Deeds and Titles (Real Property) emanating from (1) and (2).
The Commonwealth’s Parliament has only “Powers” – s51 of the Constitution – “to make laws for the peace, order, and good government of the Commonwealth .
Prior to the calling of the Federal election in 1983 the Tasmanian State Government had proposed to build a dam known as the Gordon below Franklin Dam with the main objectives being to provide Tasmania with Hydo-Electricity and water security for an on behalf of the people of Tasmania. The selected site was situated on “Crown Land” Constitutionally invested by title in the name of Crown (Root Title) as represented by the State Governor or, the State as the case may be. The selected site was pristine wilderness and as such the proposed project site attracted condemnation predominantly from environmental groups which attracted the attention of our Federal politicians just prior to going into election mode.
(note) – I offer no opinion either in favour or against the selected site for this dam. The aesthetics of the selected site is irrelevant for the purposes of this discussion.
With the Federal election called by the then Prime Minister Malcolm Fraser, to be held on 5 March 1983 then ex-trade union official and opposition leader, Bob Hawke, entered the election campaign promising the Australian people to stop the construction of the Gordon below Franklin dam for and on behalf of the people of Australia including the people of Tasmania, which in effect allowed the people of all the States and Territories of Australia to decide whether or not to allow the Tasmanian Government to build a dam on it’s (Constitutional) land for and on behalf of it’s residents. Prime Minister Bob Hawke won the 1983 election for the Labor Party – the ALP.
Prime Minister Bob Hawke wasted little time in stopping the construction of the Gordon below Franklin Dam. He enacted the World Heritage Properties Conservation Act 1983 (C’th) bringing into Commonwealth (public) Law the United Nations Convention for the Protection of the World Cultural and Natural Heritage that has been adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization under the “External Affairs” provision of s51 of the Constitution . The Gordon below Franklin Dam project site was listed as a ‘World Heritage’ area under that convention.
End of quote from Rob Wass.
A great concern to many thinking Australians would be the implementation of any such ‘World Government’ laws which could be enacted against Australians should our present Prime Minister Kevin Rudd sign a treaty in Copenhagen.
Recently the Australian Government, again an ALP Government, led by Prime Minister Kevin Rudd, used environmental issues to prevent the Queensland State Government from building the Traveston Dam to provide Brisbane residents with drinking water. It was claimed that the dam would endanger two species of fish and a turtle. I offer no opinion either in favour or against the selected site for this dam. The value of these species is irrelevant for the purposes of this discussion.
Here on the Granite Belt it was proposed some years ago to construct a dam on the Severn River, just below our property to provide drinking water for the town of Stanthorpe and irrigation water for farmers. You will see our property marked in red on this map.
Emu Swamp Dam site
I approved the construction of this dam, knowing it would rapidly fill in the yearly floods I see pass by our property. It would have become a great tourism resource as a lake amongst the wineries.
Flood May 2009
However, it was not to be. Firstly, the State government required our local Stanthorpe Shire Council to buy other Remnant Forest land to replace the tree covered land beside the river prior to it being flooded.
At considerable expense the Stanthorpe Shire Council was required to provide an Environmental Impact Study.
All dams, such as our farm dams, came under a Moratorium forbidding the construction of any further dams in the Border Rivers Catchment Area. For those not familiar with Australian geography our Severn River is one of the rivers beginning in the border mountain region of Queensland, which then flow south to join up with the mighty Murray/Darling Rivers. This water flows out to sea near Adelaide in South Australia. This extended catchment area has suffered greatly due to overuse of irrigation and one of the worst droughts ever experienced in Australia. In short, we country people of southern Queensland were prevented from building dams to store water on our land.
We had built our farm dams in the 1990’s.
One of our farm dams
All these tactics and costly extras meant that construction of the Emu Swamp Dam was delayed. Then the Queensland State government brought in another law forcing the amalgamation of shires. The Granite Belt residents protested, but had no power to over turn this new State law. Our Stanthorpe shire was swallowed up in the larger region, with Warwick as the main city. Our dam building funds came under the management of the newly created Southern Down Shire. All plans to build the Emu Swamp Dam were cancelled.
We have three forms of elected governments within Australia. Local Shire Councils may apply some taxes in the form of Land rates and permits, but are heavily reliant on assistance from State Governments. State Governments may apply taxes but are heavily reliant on the Australian Commonwealth Government. The Australian Government largely receives its income from the people by way of Income and Company taxes. For the size of our 20 million population we are heavily over governed.
You can read more about my life on the Granite Belt in my book Wildflowers, wilderness and wine or you may ask me particular questions by emailing me at helwig@halenet.com.au
Book cover
Technorati Tags: Australian, dam, dams, Das Helwig Haus B&B, Queensland, Wildflowers wilderness and wine
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