Saturday, December 19, 2009 7:46 PM
Barnaby, good on you for going out to Peter Spencer and taking up the issue.
However with respect, you are not understanding how the Commonwealth is implicated.
1. The NSW Native Vegetation Act in effect confiscates the farmers' property, namely, the use-rights which are part of the equity, and the control of which the legislation transfers to government-delegated bodies.
2. If the Commonwealth had passed the Act, it would have been liable to pay 'just terms' compensation for the acquisition of property, under the Australian Constitution: Section 51 Legislative Powers of Parliament (xxxi) "the acquisition of property on just terms from any ... person..."
3. But the Commonwealth had already decided to meet its Kyoto Protocol targets by taking farmers property rights, rather than coal mines etc. because the farmers were a soft target.
4. So the Commonwealth got the State to do the dirty work of actually confiscating farmers' property rights, which was done through the NVA! For which, the Commonwealth paid NSW $1.2 billion, which they got from the sale of Telstra.
5. As the State passed the law that took the property rights, they were not liable to pay compensation, because the State constitution has no such provision, and their ordinary State legislation requiring just terms for State-acquired property, they simply overrode.
6. Thus if Mr Spencer sues the Commonwealth, who actually sponsored the taking of property, who benefitted from it, and who are constitutionally liable to pay compensation, they plead that it's all a State matter.
7. But if he sues the State, who actually did the deed, they plead that there is no constitutional right to compensation.
8. When he goes to sue the Commonwealth, they move to strike out the action as not disclosing a cause, and the High Court won't let him admit the evidence which shows that the Commonwealth did benefit.
That is what is on the piece of paper that Mr Spencer threw down from his tower to you Barnaby.
Thus what the Commonwealth has done is as devious as it is appaling, and they now compound the offence by saying it's all a State matter.
Barnaby, it's not just the injustice to Mr Spencer and all farmers. This issue concerns the very possibility of limited government and a free society.
Go You Good Thing, Go!
Name and fight the greens for what they are - totalitarians fascists - and you will win the election.