Wednesday 24 June 2015

First Nations Sovereignty New Way


First Nations Sovereignty New Way: Michael Anderson at the Maleny Neighborhood Center 22 August 2014


On 22 August 2014, Ghillar Michael Anderson delivered a presentation entitled 'First Nations Sovereignty New Way - The survival of our Mother Earth and our very right to exist is what we have to defend.' to a packed house at the Maleny Neighborhood Centre in Maleny, Queensland.

EXCERPTS from my transcript...mb   (Full transcription available on request):

(2hours 3 minutes in)

 “All I’m trying to do now is focus my mob back into paying attention to who they are, what they are, and build that history around them … go back to their country and claim from within their country. Talk with the white people. I’ve got farmers now ringing me up asking me for town hall meetings, and asking; where do we fit?  And one of the rules on my claiming the land back in NSW under white law is that I must notify all the land owners that they can stay there. That’s one of the conditions of the case. But that they’ll be paying my mob rent, not Queen Elizabeth.

[Audience: But like you’ve said before, if you win then Australian society as we know it will come apart, and they won’t allow that to happen, so what is the compromise you will be offering?]

The compromise is that we get rid of all the shires, states and territories….  And then we have the tribal boundaries drawn up again and the white people within there will form governance with the Aboriginal people of that nation, then they govern themselves on country. So it’s for black and white, and as far as the resources they get from inside their boundary are concerned, that nation develops its own resources, makes its own money and the commonwealth get whatever their little dues are, their little revenues from that.

We’ve got a constitution now that’s been formulated where were designing this area -  we’re already into the process of changing the law, changing the land title, and issuing new land title to white people – that means for banks they can’t draw that money that those people owe them. Once we change the title, the banks have got nothing to hold any more. So the banks are gone. We’ll get rid of the banks very easily … done. 

But in that system, we say to the non-Aboriginal people; we give you a permanent residency status. So if you leave our country and you move somewhere else, well it’s just like in Germany – when you go from one city to another, you go into the municipal civil administration office and inform them you’ve bought a house ‘here’, this is where I’m going to be living, you pay a fee, they give you a registration and identity form that you now belong to that city.  So if you move out of our country, you are no longer a permanent resident of the part Euahlayi nation, you are part of another Aboriginal nation. And so you get rid of all the local governments and then the white people will elect their elders to an elders council, and they’ll have one male and one female representative to the elders council, but we’ll have the four different tribes with their elders elected and so we will always be in the majority. But white residents will be part of the decision making process within that nation. So they become part of the sovereign nation….you own the land, you benefit, you run farms, you run businesses, you do everything you do normally – nothing changes except that you have a permanent residency within our nation and you’ll have an ID card to give you that authority. So we’ll change your licences so you drive in our country on our licence.

So we’ve got it all mapped out in a constitutional construct, we’ve got a system set up similar to Germany where I lived for a number of years. Same as Switzerland…so we’ve taken their ideas in terms of the taxes and paying rates on land.

[Audience:  Isn’t it going to be such a big job explaining this to everyone? I just remember the up the uproar and backlash after Mabo – ‘they’ll be claiming our backyards’!]

Yes, they were really horrified weren’t they the poor buggers! No it’s easy. The one that will suck them in is when we say we’re already… I’m in negotiations with the American Indians, the six nation Indian group …they’re the richest mob of native Americans and they’ve got more money that some of the states in the US actually  ..they’re very wealthy …they have their own banks, casinos, the whole lot. And I’m negotiating now with them to bring their bank into our country and start branches. Then we tell the white farmers, you keep your title, we change the title, you put that title in there, we take over that loan and we pay out your other loan from your other bank, PISS THEM OFF OUT OF OUR COUNTRY [NB CBA] and you take a loan out with us, you get the same back-up. And the American nations have their own insurance companies, so were negotiating with their insurance companies as well. And then everyone else, we don’t want you, get out of here. If you don’t want to live here, feel free to go.

So it’s working. The hardest part now is working out where we generate the revenue from, to get people, because we’ve got our ministers appointed in the government – we’ve got accountants, we’ve got doctors, we’ve got lawyers, we’ve got physiotherapists, we’ve got all sorts. Part of my family are teachers, they’re teaching physicians in Newcastle John Hunter Hospital, they run the administration of Taree Hospital, they’re doctors… my nephew is second-in-charge of the Sydney roosters, we’ve got Euahlayi accountants running all the Gadigal Corporation, I’ve got cousins who are accountants, we’ve got lawyers… so we have the professionals within our nation state who are black who can do everything that we need to do.  But we also have white people who want to come in as well, and we say you are welcome …you want to come in? Come, your quite welcome… the more the merrier. And were negotiating with one fella now who wants to build a themed city, a ‘techno’ city – he’s off to London next week but he’s got investors now and they want to experiment with the building of a city out of bamboo. We’re negotiating that right now…a high-tech bamboo city. So that will bring professionals in. And a couple of his leading investors have left Microsoft and now work for him and they are going to move into my country and build this techno city.

So were moving along, putting the foundations down let’s say, and were just saying to the Australian government; I don’t ever talk to you because the Queen is the head of this country, I’ll write letters to her not to the Australian prime minister – I don’t write to the Australian PM, I write to Queen Elizabeth and then she sends all her correspondence back to them – they’re her ministers.

[Audience: So she knows about this?]

Oh yes, Queen Elizabeth knows exactly what’s going on here – truly – she knows all about it, and she’s just been brought to task by a Fijian woman who said to her; you are the Queen who gave our country back over there but you committed a crime against the agreement – you gave it back to the government when you were supposed to give it back to the 13 chiefs who signed the agreement, the ? document of 1871. Because they only took Fiji for 100 years – in 1971 they had to give Fiji back to the people…and they gave it back to the government, not to the 13 chiefs, which was in the contract. So she’s over there now telling Queen Elizabeth; you committed a crime. So Queen Elizabeth has written back and said to the Fiji government; I’m taking a personal interest in how you run your elections and how you run your constitution. So we’ve been very much engaged with Queen Elizabeth – we’ve been writing her a lot of correspondence and putting a lot of pressure on her. And that’s why Quentin Bryce when she left parliament, her last statement was ‘it’s time Australia became a republic’ – she wouldn’t have said that without the Queen’s authority and approval.

[Audience: So are you saying that why that may be beneficial for the Queen if we became a republic is that it absolves her of any responsibility?]

Yes. Absolutely.

[Audience:  But it also dissolves our constitution, I’ve heard…]

Yes well Australia can’t do it until they put something in its place that’s authorised by the people of Australia. They can’t do a damn thing; the Australian government are locked into that system whether they like it or not and it’ll take some very brave heart to make a change. But the changes can come through Aboriginal sovereignty, because then we give legitimacy to the nation as a republic – we create a legitimacy that they can’t have, and that they will never have until they sign up with us.

[Audience: There’s a whole group of people working under the banner of common law, that’s what I’ve been working with – because common law is like universal law that you people have been working with for thousands of years ]

No but that’s the common law of this country, not of England. It’s the common Law of this country and that comes from our Law and our Dreaming …it is not one that’s been imposed upon us from England you see.

And the other thing about our position as well, and I say this as last because it is late…  If you look at the Magna Carta which Australia brought in in 1986 and has become part of Australian law, the Magna Carta of England says that the free people shall not be deprived of their freehold title to their land. And if the people have been de-seized of their land then when the Queen has finished with it, they have to give it back to the people they took it from.

[Audience: So a republic would actually serve you?]

A republic can serve us because they have to give it back to us and then we incorporate the rest of Australia into it. That’s another possible mechanism. And of course the Magna Carta is the one which I’m going to be using to claim our land back in terms of being de-seized of the land, they gave it back to the Welsh, they’re now giving it back to the Scotts …so the precedents are there. I’m not reinventing the wheel here, I’m just doing what’s already spinning….it’s just knowing how to play it. Alrighty…..thank you.”

[Audience: Thank YOU! Applause]

Submission to the Inquiry into the Register of Environmental Organisations



Submissions (669 submissions in 34 pages)
 
Submission to the Inquiry into the administration, transparency and effectiveness of the Register of Environmental Organisations

I make this submission as someone who has been actively protecting remnants of native biodiversity since 1978, and intensively devoting all of my time and energy for the past 20 years in pursuing this goal and imperative, to ‘identify, buffer, enhance and connect’[1] every last remnant of whatever size, of intact old-growth native habitat, including old re-growth, in Australia, focussing mainly on critically endangered ecosystems in my own shire, eg the 1% remaining of Brigalow and the 2% remaining of Dry Vine Rainforest.

I established a Nature Reserve on my own 40-acre freehold property [2], including a Dry Vine Forest Restoration Project involving innovative [3] techniques.  All of this (apart from the one-off $8,000 Envirofund grant) has been entirely voluntary and paid for by myself.

Very little research into this Inquiry has been needed for me to come to an inevitable conclusion that it is politically motivated and a long-term agenda of the Liberal Party [4], targeting bigger groups such as Greenpeace [5] and The Wilderness Society but also very poor grass-roots ENGO’s who strive to protect the last remnants of native terrestrial and marine ecologies [6] by advocating their cause and occasionally raising awareness through activism addressing identified serious risks to them of destructive, desecrating, degrading or polluting activities predominantly by the mining industry.

I have many concerns with this Inquiry:

 >that the Chairman of the Inquiry, Alex Hawke, appears not to have any environmental credentials whatsoever to be in the position of ascertaining the value of these group’s activities, and further that his strong personal views on the subject make him inappropriate for such a leadership position; [7]

>I have serious concerns regarding member George Christensen [7] to be able to fairly adjudicate on the actions of these groups;

>It has worried many people as to why this Inquiry has been set up, given that there has been a legal precedent to overturn a negative ruling with John Howard government’s unlawful removal of the charity status of Aidwatch [8]  - it seems to reveal political naivety, at best, to believe that any NGO environmental protection group, in these times of imminent widespread collapse of many discrete ecological communities and species extinctions, [9] would not appeal a decision to remove tax deductibility from what is often their only source of revenue, having established this precedent in law. It is also brings into question how much Australian tax-payers money will be wasted fighting any such appeals – in fact it can be argued that setting up this Standing Committee and Inquiry could be seen as a criminal waste of tax-payers money, as there is already a perfectly good watchdog already doing this job of assessment for charity status – the Australian Charities Commission. [10]

Our native ecologies are all in peril from numerous threats, many species already having gone extinct. My current initiative addresses this emergency with an Environmental Triage Program called the ‘Continental Connectivity Collaboration.[11]

This Inquiry has opened a can of worms that I can only hope will eat it up, digest it and provide the good, decent, hardworking environmental volunteer groups with plenty of beautiful fertilizer to grow and flourish so they can carry on protecting and restoring what remains of our planet’s ecology, on which every living thing is 100% dependant, and protecting these precious islands of biodiversity from entities hell-bent on their destruction, desecration, degradation and pollution.

Maureen Brannan 905 Wilsons Road CLOYNA Q 4605 ph: 0427710523

PS:  If any organisation deserves to have their donation tax-deductibility status removed, it is the unashamedly neo-liberal ideological extremist group IPA (who I am given to understand was the main driver behind setting up this Inquiry) which is supported by a host of extraordinarily wealthy people. “The Industry Department should be scrutinising the IPA much more closely and look at whether they really are producing what that tax deductibility status requires of them."  NGO academic and vice-president of Environment Victoria, Joan Staples




[4] Advocacy by the ACF: Don’t let them silence you – speak out! Egged on by the Minerals Council of Australia and the Institute of Public Affairs, a handful of politicians are attacking civil society. They want to revoke the charity status of environment groups, your ability to give tax deductible donations and your freedom to speak out. https://www.action.org.au/news/dont-let-them-silence-you-%E2%80%93-speak-out




[PS – It is not at all surprising that your government has de-funded this brilliant scientific organisation in the latest budget]




 

[5] One of the many activities of Greenpeace has been to help the Laird State Forest blockade, which with the Aboriginal custodians has been striving to stop the destruction of the last significant grassy white-box woodland remnant in the world from an unnecessary, unwanted coal mine – a 94 year old war veteran, grandmothers and a large number of professional people who have protested here would be labelled ‘terrorists’ by the Liberal government. If you go to google maps and search: Laird State Forest, you can only be utterly shocked at the huge gouge already taken out of this unique and invaluable last remnant, surrounded by an ocean of cleared land. The Gomeroi people are currently desperately trying to save a very important site in this forest known as Lawlers Well. If this google image does not shock members of this Committee into understanding why caring people are fighting so hard to save this tiny last patch of unique ecology from destruction - which can be correctly termed ‘attempted ecocide’ and taken to the International Court for Crimes Against Nature - if you believe that it’s perfectly OK to clear this forest for more coal, then I believe your morality, or even your very humanity can be brought into question.

I would add here that I am personally not against coal-fired power (or judiciously placed nuclear power stations for that matter)– I have long advocated that they afford essential reliable base-load power – but retrofitting all of them with as much diverse renewable power generators as the landscape can accommodate (as China has been doing in the central western province of Ningxia where wind turbines feed into the adjacent coal-fired generation plant  http://www.abc.net.au/radionational/programs/breakfast/chinas-patchwork-economic-growth/6489260) such as solar thermal mirrors heating the water intake so far less coal is required and therefore negating the need to open up the Galilee Basin or expand Abbott Point, and capturing and utilising the emissions to grow algae for fuel. These technologies can then be exported to all coal-powered countries. What is so very wrong and immoral, in fact obscene, is destroying eco-communities on the brink of extinction for something that is readily available elsewhere, such as with the Laird.

[6] I will be contacting every one of the groups and individuals who have made a submission to this Inquiry to invite them to contribute to my CCC initiative. I am especially impressed with Dr Sid French BE PhD MIEAust RPEng, who strongly supports direct action to protect our environment: “In summary, the tax deductibility of donations to environmental groups is something that has been supported by taxpayers over many years as an appropriate way of providing broad community support for those supporting the environment so they have a voice against those aiming to make money or “progress” at the cost of destroying the very planet we rely on for life, now and in the long term. The activities of those supporting the environment may range across a wide variety of actions from lobbying to chaining themselves to bulldozers. Irrespective of those activities, the support should be there so long as the organisation can show that it is using the money to maximise its activities and effectiveness for the environment, and that those involved are not achieving undue personal gain from their roles.”

I will be advocating strongly for his highly commendable “Ocean Nourishment Foundation” to be added to this list.

[7] Alex Hawke interview transcribed in full below, with my comments in red:  http://www.abc.net.au/radionational/programs/breakfast/parliamentary-inquiry-into-environmental/6363758  FRAN KELLY: But if they’re ‘healthy parts of our democracy’, doesn’t it stand, as we do with any other healthy parts of our democracy, there is some government funding that goes to supporting elements that do these things (protest) because as a democracy we make that kind of decision.

ALEX HAWKE: No, it’s my personal view no, I don’t think you should receive (charity status) to go and do your own protesting or campaigning… (This is exactly why Alex Hawke is demonstrably unsuitable for this leadership position or even to be on this committee at all – his stated personal views are completely antithetical making rational, fair and balanced assessments – he’s already made up his mind on the issue, as many of his colleagues on this committee clearly have, their past negative comments all on the public record.)

George Christensen is on record as having said that environmental activism is “terrorism” http://www.smh.com.au/federal-politics/political-news/nationals-mp-george-christensen-calls-green-activists-terrorists-20140925-10lt5a.html   Nationals MP George Christensen is fighting activists whom he calls "gutless green germs" opposed to the expansion of the Abbot Point coal terminal in his electorate. In his speech to Parliament, the outspoken MP said "the greatest terrorism threat in North Queensland, I'm sad to say, comes from the extreme green movement".  and that the register needs to be “cleansed” of politically active groups, amongst many other such statements.

[8]  Aidwatch stripped of charity status by John Howard – a 2010 High Court ruling had this reinstated, finding that ‘groups with tax-deductible status also have the right to engage in political debate and advocacy’. http://www.aidwatch.org.au/stories/high-court-decision-a-win-for-charitiesao-freedom-of-speech/   “This decision overturns over 90 years of Australian law defining the role of charities. It brings the law up to date with how charities work in the 21st century.”

[9]  http://www.environment.gov.au/cgi-bin/sprat/public/publiclookupcommunities.pl  When perusing this list, please keep in mind that these are entire ecosystems that are at imminent risk of going extinct on the continent, not just individual species – when they disappear, innumerable species go with them. This list, where you will see the Brigalow and dry vine thickets in crisis in my shire, listed as nationally critically endangered, is why I and all the people on the Environmental Register work so hard and are so driven to save the pathetic remnants that this uncaring rapacious Western civilisation has left in its wake.

There are innumerable reports of individual species on the brink, and more coming in each day, but this one will suffice for the point made: http://theconversation.com/australias-critically-endangered-animal-species-11169 


 

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[10]  Parliamentary inquiry into environmental organisations' donation spending


(My transcript…mb)

FRAN KELLY: Environmental groups could soon be facing a fight to hold on to their tax deductible donations. A parliamentary inquiry will be held into the Register of Environmental Organisations to make sure that donations made to almost 600 conservation groups are being spent on their intended purpose – that is environmental projects - and not being used for political advocacy or activism. In a moment Lyndon Schneiders, the National Director of the Wilderness Society will join us, but first we’re joined by Alex Hawke – he is a Liberal member of parliament, the chairman of the Federal Parliament's Environment Committee, which will be holding this Inquiry. Alex Hawke, thanks very much for joining us on Breakfast.

ALEX HAWKE:  Good morning, Fran.

FRAN KELLY:  Is this Inquiry a thinly-veiled attack on the environment groups?

ALEX HAWKE: No, not at all. (Volumes of evidence easily demonstrate that it is indeed an attack on environmental groups who engage in political advocacy or activism.) The committee’s been asked to look at the issue of tax deductibility of gifts to environmental organisations and I think that’s in line with all of the scrutiny that’s been applied to charities more generally in today’s day and age (Again, volumes of evidence that this close ‘scrutiny’ just on environmental groups is exceptional, ie discriminatory.) I think the community has an expectation that if you’re going to give a gift to any form of charity, and the environmental charities sit separate to the other forms of charities, (Why?) then you are going to get value for money (‘Value’ is subjective but in every case should only be ascertained using the triple-bottom-line social/environmental/economic considerations, as the accountancy and finance fields are currently in transition into and which governments and multi-nationals will soon be forced to transition into or their social contracts will be revoked: http://www.abc.net.au/radionational/programs/bigideas/how-accountancy-is-changing-the-world/6425068 The Accountancy Revolution  http://www.abc.net.au/radionational/programs/extra/jeremy-balkin/6473536 Finance for Good) and it’s going to go to the intended purpose that you want it to go for, that is practical help for the environment, (And it can be argued that preventing more unnecessary environmental destruction IS ‘practical help’) and the terms of reference we’ve been given by the minister allows us the scope to look at all of those issues and where those groups are doing good work for the environment I don’t believe the committee is going to have any concern. I think the only thing is they are going to have to meet their obligations under the Act and that is ‘the protection and enhancement of the natural environment’ (There you have it: ‘the protection’ of critically-endangered ecosystem is fully sanctioned, so why hold this Inquiry?)

FRAN KELLY: So, good work for the environment… that could be subjective couldn’t it?

ALEX HAWKE:  O well, sure, that’s just a colloquialism, but the Act specifies particular things that these organisations must meet…

FRAN KELLY:  And what are they?

ALEX HAWKE:  Things like the protection and enhancement of the natural environment…that’s straight out of the Income Tax Assessment Act or the provision of information or education or carrying on research about the natural environment, as well as a few other bits and pieces. And so our Inquiry will look at those sorts of issues – we expect to get submissions from all sides of this discussion. But you know wherever you come from on this issue I think people want to see that if you donate to a charity that the money is being spent exactly for the purpose intended by the Act that the money is given to the organisation for.

FRAN KELLY:  Can we just get a handle on the scale of the issue we’re talking about here. I think there are close to 600 environmental groups on that register involved in land, wildlife and rainforest conservation – how much is that tax-deductibility status across those 600 groups costing the tax payers?

ALEX HAWKE:  It’s a good question – there are 600 groups and they’ve been expanding in recent years so the Register has been growing exponentially over time. Whether that’s an issue or not we’re not sure, we’ll see what the submissions say. (Why would it be ‘an issue’? Surely it would be brilliant if there were far more localised environmental volunteer groups to do the essential work of ‘protecting and restoring’ beleaguered native habitats free-of-charge, that governments not only refuse to do, but who are in many cases actively contributing to the destruction, degradation, desecration and pollution of said natural environments?) the cost at the moment is difficult to identify – we know that the entire charity sector costs billions of dollars so to gift deductible recipient status across the whole charity sector is easy to identify, but we’re actually having difficulty getting Treasury to tell us exactly what the Environmental Register costs us, so we’ve asked those questions…

FRAN KELLY:  So it might not be an issue at all, it might not be a problem at all really. (So why set up a very expensive Standing Commission and Inquiry without having this basic information which could very well reveal that there IS not problem with environmental groups.. surely that should have come first.) 

ALEX HAWKE:   Look, there’s estimates and assumptions but there’s not really much point in me giving you those estimates and assumptions, I mean it is a subject of individual organisations tax returns and adding them all up (Which because this register ‘stands alone’ should be a very easy and quick exercise, so why is the Finance Department taking so long to provide it?) and for privacy reasons obviously you understand nobody can access those except for the Tax Office, so we’ve asked the question. (When exactly was this information officially requested and how long have they been waiting for an answer?) But it’s a concern to me and a concern to the Committee that we don’t actually know how much the Environmental Register costs us. Now it sits separately under The Act, it’s a separate register environmental organisations, and nobody can answer the question in government of how much the Environmental Register costs us. (Unbelievable, in more ways than one. This is a scandal.)

FRAN KELLY:  Do you think there is an issue? Do you think there is an example of conservation groups being eligible for tax-deductable donations that shouldn’t be because the money’s been spent on political activism or advocacy rather than environmental projects or protection of the environment?

ALEX HAWKE:  Look, I expect we’ll see a lot of submissions about this on all sides and I think you’ll see on this register of 600 groups, if you go to the parliamentary website there, you’ll see small scale environmental groups and probably we’ll hear from people telling us the great local environmental work they’re doing…

FRAN KELLY:  I’m sure…

ALEX HAWKE:  You’ll see large scale environmental groups, things like organisation like Greenpeace and others and I don’t want to single anybody out particularly but just by way of example, bit organisations that receive a lot of taxpayer money. You know, you’ll see difference in scale, I think you’ll see difference in approach… some people directly do environmental work, others look at the advocacy side or the education side (Most of them do all of that!) and then of course you’ll find I think from different sectors people will tell us that there’s protesting campaigning political activity and that’s outside the definition of course, as is…

FRAN KELLY:  But why is it outside if political activity or protest is about education, which you say is listed there, or is about raising a profile to end up with something being protected? Isn’t that what environmental groups can do?

ALEX HAWKE:  Well that would be the Inquiry’s purpose to look at those things, so the idea that you can be a political entity is well covered in other forms, I mean you can register as a political party, you can receive tax payers funding in elections, you can do all of those things through other mechanisms. (The point here is that virtually all ordinary working or retired people who want to protect the natural environment have no ability to start up a political party! That is why it is so important that they have access to effect political change where they see necessary through these Environmental groups.) The Act of course is intended for education, advocacy and specific purposes that are outlined there, so we’ll be looking at all of that in that context.

FRAN KELLY: Just trying to get a handle on what it is you might be looking for. For instance, if we look back through the lessons of history, the campaign to save the Franklin, no doubt there were elements of that that were political activism, yet it saved the Franklin. Would that kind of campaign be ineligible?  

ALEX HAWKE:  Well, yeah, hah… that’s too difficult a question for me to answer…

FRAN KELLY: why?

ALEX HAWKE: I mean the issue is because…ah…well, because political activism itself is not a problem. I mean we’re in a free country, people are allowed to do political activism – the question that we are looking at is what tax-payer funding goes to that activism. (But the issue has been settled with the High Court decision) And that is one of the things that we’ll look at in this case. It’s not a question… I don’t want to denigrate anybody’s right to campaign, to do political activism, to join green groups, all those things – those are all healthy parts of our democracy - the question is whether  you’re entitled to tax-payers dollars to do it, and that’s what we’re going to be looking at, those sorts of issues.

FRAN KELLY:  But if they’re ‘healthy parts of our democracy’, doesn’t it stand, as we do with any other healthy parts of our democracy, there is some government funding that goes to supporting elements that do these things because as a democracy we make that kind of decision.

ALEX HAWKE: No, it’s my personal view no, I don’t think you should receive that kind of thing to go and do your own protesting or campaigning… (This is exactly why Alex Hawke is demonstrably unsuitable for this leadership position or even to be on this committee at all – his stated personal views are completely antithetical to his ability to make rational, balanced assessments – he’s already made up his mind on the issue, as many of his colleagues on this committee have, all on the public record.) or indeed unlawful activity, I don’t think you should earn the tax-payer dollar for those sorts of things and certainly some elements of some protests involve unlawful activity, but you know in this case what we’re looking at, and I think it’s a commonly-held view at the moment, everyone donating to charity whether it be environmental charities or other charities, are looking for transparency, they’re looking for the right to ensure their dollar is being spent exactly where it’s supposed to be spent and there’s  particular requirements under this Act and that’s what we’re going to be looking into.

FRAN KELLY:  It is going to come down to definitions – I imagine there’ll be some hefty debate about this on the committee itself, but advocacy and lobbying by themselves are not unlawful, nor are they inconsistent with being a charity, and we know that because the High Court came to that conclusion when it ruled in the favour of Aidwatch back in 2010 – that group had been stripped of its charitable status by the Howard government for criticising the government’s policy on overseas aid, and the High Court found that engaging in political debate is a crucial part of advocacy work and in the public interest. Is there a lesson there that will lead your discussion and the way you run the committee?

ALEX HAWKE: Yeah, I think there’s lessons in all of these examples, (But clearly this government has not paid any attention to that lesson in particular or they would not have bothered wasting so much tax-payers money setting up this standing committee and holding this Inquiry – how much exactly has it already cost and how much will it end up costing and even if they do manage after court appeals to throw off some groups, how much money would that have made for the government in relation to how much the process has cost?) and indeed in New Zealand Greenpeace lost its court case against the New Zealand government to receive tax-payer funding  (What has New Zealand got to do with the Australian Register of Environmental Groups?) and in our own High Court has denied groups like Sea Shepherd in the past things like that. (Has Sea shepherd ever claimed charity status that has been removed? Research.) There are good examples both ways (But the major one, the most significant one as relates to this Inquiry is clearly the High Court decision, which has been totally ignored by the government.) I mean I don’t believe this is something that will be radically controversial, (You are dead wrong there!) I think most people want to see greater scrutiny and transparency around tax payer funded entities (O yes indeed, especially around the tax-payer funded IPA…) and all of those things are under scrutiny in this Inquiry.

FRAN KELLY: I think it’s fair to say there’s a bit of nervousness about this decision within the environmental groups because they look at some of the comments from some of your colleagues, for instance Andrew Nikolic who moved a motion at last year’s federal liberal council meeting to strip environmental groups of charitable status (What, all of them? Get transcript) He said groups like the ACF, The Wilderness Society and the Bob Brown Foundation are conducting “illegal activities”, “untruthful, destructive attacks on legitimate businesses”… and George Christianson, the member for Dawson (and member of the standing committee) called last year for the register to be “cleansed” of green groups…(What, all of them? Get transcript.)

Can you see why environmental groups might be a bit sensitive to this Inquiry being established. (or you could say cynical and suspicious…)

ALEX HAWKE:  Well I can, and look, nobody I think has… well, green groups are not sancrosanct (sic) just like charities in other sectors, to ensure that they meet their purposes and objectives and the Charities Commissions being more rigorous with other charities. (Exactly – the Charities Commissions are already overseeing ALL charities including green charities, so why the need to duplicate?) Environment charities have to be rigorous and transparent as well, there’s no special protection for environmental charities.

FRAN KELLY: Well thank you very much for joining us.

ALEX HAWKE: Thanks very much.

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FRAN KELLY:  Lyndon Schneiders is the National Campaign Director of the Wilderness Society, he joins me in the Breakfast studio. You heard the comments there from Alex Hawke. He says that what tax payers don’t want is for their money to be spent on, for instance, ‘unlawful’ activities conducted by some of the environment groups – is that fair enough?

LYNDON SCHNEIDERS: Look, this is a long debate, its gone back 15 years and we saw it during the height of the Howard Government and as you’ve pointed out there’s been quite a lot of previous commentary and even legal precedents centred around this. I think Mr Hawke and the committee have been set up for a particular reason, and that is to pressure and try to cower the environmental movement at exactly the time in which  the government’s under extreme scrutiny for its political actions, including extreme international scrutiny over the coming World Heritage Committee meeting looking at the Great Barrier Reef in danger issue. I don’t think there’s a coincidence here…

FRAN KELLY:  But for people listening, explain how you think this is ‘cowering’ the environment groups, because this is talking about taking away some tax deductibility status, its not talking about banning groups from performing certain activities. The crucial term of reference from your point of view is the second I think, No.2 which says whether groups are involved in “on-ground environmental work” (PROBLEM) which goes to concerns about activism and political advocacy. Why should you get charitable status for that?  

LYNDON SCHNEIDERS: Well look I think the important thing here is we’re Not For Profits. I think the Liberals sometimes have a hard time understanding that there are organisations and individuals who want to participate in Australian society (NOT NOT THAT) not with a profit motive, but with a NFP motive and the environment is clearly one of those areas.

FRAN KELLY: But this wouldn’t stop people donating…

LYNDON SCHNEIDERS: It wouldn’t stop people donating but it’s there as a disincentive to make it harder for people to provide financial support to conservation groups. It’s been pretty clearly articulated in the Senate and in the House of Reps over the last 10 years by the Libs that they believe that removing tax-deductibility status will do damage to the environmental movement – they genuinely believe that. Now I think that’s a bad analysis by the way – I know from the example of our own organisation and we’ve asked our own organisation whether tax-deductibility is particularly important and they say no – they say they appreciate that but they also say that moves to strip tax deductibility are more likely to increase their support. So I think that Mr Hawke and others really need to be careful about the path they’re going down – they might be unintentionally radicalising the environmental movement and that would be a silly idea.

FRAN KELLY:  The Wilderness Society has already been audited once by the tax office in 2006 – what did you have to do to prove that it deserved the tax-deductible status then?

LYNDON SCHNEIDERS: We had to demonstrate that our dominant purpose was charitable and the tax office gave us a complete clean bill of health. Now the tax office also recognised that we engaged in a whole lot of activities, including education, political lobbying, even in involvement in election campaigns where we were producing things like report cards  – they said they were all legitimate things for an environmental group to do. (Another precedent) Our dominant purpose however was charitable. Now that brings up another issue that I think is unusual about this Inquiry is that following a lot of the controversy around charities in general during the 2000s when charities grew exponentially, there was a decision made by the last parliament to establish the Australian Charities Commission, which regulates and is transparent and looks at all of the charity sector and how we conduct ourselves and makes sure that we conduct ourselves consistent with the charity’s codes and the charity’s requirements - it looks at every single component of the charity sector. It is removed from government, it’s an independent body and it has broad support from the entire charity sector because it is independent and it doesn’t allow ‘witch hunts’ and ‘fatwas’ to be launched exactly like this. Now the environmental movement is covered by that charity’s network and legislation. I think it’s odd that the government’s choosing to especially target the environmental groups when they’ve got a perfectly good statutory body that’s sitting there, which is working, which is actually de-registering organisations that are not carrying out their charitable purpose.

FRAN KELLY: Has it deregistered any environmental groups?

LYNDON SCHNEIDERS:  Not sure – the last time I looked it had deregistered 530 separate charitable groups, so that’s quite considerable…

FRAN KELLY: So you think there’s already a watchdog there…

LYNDON SCHNEIDERS: There is a watchdog there that most importantly is one step removed from government. Now I think it’s unusual that this government is choosing to ignore its own watchdog, its professing a “deep community concern” – Mr Hawke was just saying surely its legitimate for the community to want to have a look at these things… there’s already a watchdog, which by the way, the Coalition wanted to abolish – their promise was too abolish that independent watchdog.

FRAN KELLY: My guest is (etc) We’ve just heard from the Liberal member who is heading an Inquiry into the tax deductibility status of environmental groups and whether all of them are eligible for it or whether some of them are more activists and advocates rather than on-the-ground environmental protectors. You talk about a ‘fatwa’ – that’s pretty strong language. Clearly feelings are high on both sides of this.   Last year though the Abbott government budget did abolish grants to voluntary environment and sustainability and heritage organisations - and that’s a scheme that had been in place since 1973 - it also has abolished funding for the state-based Environmental Defenders Office. (…to prepare for appeals to their negative decisions of course, removing an avenue of legal help)  Do you believe there is a campaign to harm the environment groups, is that what you’re saying?

LYNDON SCHNEIDERS:  Yes, look I think all the facts demonstrate a consistent set of behaviour. You know, you go back to the Liberal Federal Council meeting last year which unanimously agreed to support stripping environment groups of their tax-deductibility status – you look at the de-funding  of the EDOs, the stripping back of resources  for the State Voluntary Conservation Groups… This is from a government led by a Prime Minister who has told us that climate change is absolute crap, this is also from a government that holds at least a caucus of people who have made it clear they deeply dislike the environment movement…

FRAN KELLY:  There’s nothing wrong with that though… I mean people are allowed to like or dislike an environmental movement, you can’t go arguing on emotive elements like that, you have to be arguing don’t you that lawful activity is one thing, unlawful activity is not for the tax payer to be funding. (Clearly if that unlawful activity is ‘protecting’ the environment, then it is, as the High Court ruled) ..do you accept that?

LYNDON SCHNEIDERS:  Yes I do accept that - it comes down to the next question around what constitutes lawful activity … I think in the eyes of some of these folks, protesting in any way shape or form or critiquing the government, they almost consider to be ‘unlawful’ – there is a fine line …

FRAN KELLY: It’s pretty clear if protesters are say being dragged off the roof of the Opera House, that becomes ‘unlawful’…

LYNDON SCHNEIDERS:  Well there is, but what we also often find is that courts chose not to convict a number of these protesters because the courts recognise that this is in the public interest – there’s a lot of these demonstrations occurring exactly because the laws are not working or being enforced. So I think there’s a nuanced discussion even at that point. Go and do a factual check of people who are arrested and those who are convicted and the relationship is very small because the courts are clear about this matter.

FRAN KELLY: Thank you for joining us.

This is a battle that has been drawn, I guess – this committee will now be hearing from all sides of this debate over coming weeks and months and we’ll keep you up to date with that.

 

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Locked Bag 3, Orbost
Victoria 3888 AUSTRALIA
eeg@eastgipsland.net.au
ABN: 30 865 568 417
www.eastgippsland.net.au
East Gippsland – our breathing space
Committee Secretary
House of Representatives Standing Committee on the Environment
Parliament House
Canberra ACT 2600
Via email: environment.reps@aph.gov.au
16 May 2015
Submission
Inquiry into the administration and transparency of the Register of Environmental Organisations and its effectiveness in supporting communities to take practical action to improve the environment.
Environment East Gippsland is a volunteer organisation and has been working to protect the environment of this region since 1983. We have a membership of over 350 and a supporter base of over 1,000 who are from both Gippsland as well as other areas of rural and regional Australia. About half of this number resides in Gippsland.
Our group aims to:
promote the conservation values and environmental awareness about East Gippsland,
promote sustainability in environmental, economic and social terms,
make representation to Government re land use and management,
undertake research relevant to the above,
participate in government processes.
Our group identifies rare or threatened flora and fauna and ensures that protection measures for their survival are being adhered to. We produce newsletters, articles, and other written information about the East Gippsland environment and the need to protect it. This information is published in newspapers, newsletters and our website.
We make submissions to Government in relation to the protection of the environment and responded to Government invitations, at both State and Commonwealth level, to comment on environment‐related matters. We have been represented on Committees established by Government concerned with the environment including the Regional
Forest Agreement Consultative Committee, and the Far East Gippsland Round Table Forum on fire. We also conduct guided walking tours and ecology camps in East Gippsland to educate the public about our forests and wildlife.
We educate our members about the natural wonders of this region and the need to protect our forests and wildlife. We encourage our members and supporters to advocate for their protection. We believe that the public love of our environment needs little encouragement and their appreciation of and advocacy for this region has benefited the protection of rare wildlife here. Without our supporters and their passion for the environment, we believe East Gippsland would not have the profile it does now as a natural wonderland, and that many areas of valuable habitat might not still be existing.
EEG is on the Register of Environmental Organisations and we raise about a year through tax deductible donations. We rely on this to fund our work.
Our members and supporters are fully informed of our activities, our ecology camps and other news throughout the year via our newsletter, The Potoroo Review, our e‐bulletins, facebook page, twitter and the EEG website. Our work is fully open to public scrutiny.
We would be very concerned if the Committee proposes making the administration of the Register more complex, or limiting our work or advocacy for the environment.
We would be pleased to provide any further information if needed.
Yours sincerely
Jill Redwood
Coordinator